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South Africa decisions
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Nelson Mandela Bay Metropolitan Municipality v Van Zyl (1441/2019) [2020] ZAECPEHC 32 (1 September 2020)
The court dismissed a municipality’s bid to stop a scrapyard, holding that “Special Industrial” zoning already covered the consent use and no second consent was needed.
Buffalo City Metropolitan Municipality v Transnet Soc Limited and Another (EL313/2016, ECD813/2016) [2017] ZAECELLC 8 (9 May 2017)
The court dismissed Buffalo City’s bid to interdict commercial use of Transnet land, holding that section 13(4) of the SATS Act protected the existing use.
Georgiou t/a Georgiou Spa v Nelson Mandela Bay Metropolitan Municipality (CA26/2016) [2017] ZAECGHC 1 (17 January 2017)
The court found that condonation for the late filing of appeal documents should be granted in the interests of justice, given the importance of the issues and the lack of prejudice to the respondent. On the merits, the court held that regulation 3.11 of the Zoning Scheme Regulations does not permit the appellant to operate a spa as a secondary use without the Metro's special consent. The regulation requires prior notification to the Council and applies only to secondary uses that do not change the residential character of the property and are clearly secondary to dwelling purposes. The appell…
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Spilhaus Property Holdings (Pty) Ltd and Others v MTN Mobile Telephone Networks (Pty) Ltd and Others (13621/2014) [2016] ZAWCHC 215 (3 November 2016)
The High Court ordered removal of an unlawful cellphone mast from a sectional title building, finding the applicants had standing and a clear right to relief.
Nelson Mandela Bay Metropolitan Municipality v Georgiou t/a Georgiou Guesthouse and Spa and Others (1663/2015) [2015] ZAECPEHC 59; [2016] 1 All SA 607 (ECP); 2016 (2) SA 394 (ECP) (20 October 2015)
The court held that the conditional re-zoning of the properties, subject to the removal of restrictive conditions of title, was unlawful. The purported condition was not a lawful condition under section 42 of LUPO, as it did not relate to land use restrictions or development parameters but merely restated the legal position that restrictive conditions take precedence. The local authority is bound to consider and enforce restrictive conditions and cannot circumvent them by granting conditional re-zoning. The special consent granted to operate a licensed hotel and chapel was also unlawful, as n…
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Buffalo City Metropolitan Municipality v United Methodist Church of Southern Africa (UMCOSA) (EL1327/13, ECD2827/13) [2014] ZAECELLC 14 (26 June 2014)
The court held that a church’s use of a residentially zoned property as an office contravened Buffalo City zoning rules and granted a final interdict.
Vanilla Street Home Owners Association v Ismail and Another (A345/2013) [2014] ZAWCHC 25 (5 March 2014)
The court held that a homeowners association, duly constituted under LUPO and with an approved constitution, may lawfully restrict property use beyond what is permitted by the zoning scheme, provided such restrictions are agreed to by property owners upon purchase. The respondent, as a registered owner, was bound by the association's constitution and conduct rules, which limited use to residential purposes. Her operation of a hair salon constituted a breach, regardless of the manner or impact of the business. The appellant established a clear right, suffered injury by the breach, and had no a…
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Booth and Others v Minister of Local Government, Environmental Affairs & Development Planning and Another; City of Cape Town v William Booth Attorneys and Others (2046/12, 22990/11) [2013] ZAWCHC 47; [2013] 2 All SA 275 (WCC); 2013 (4) SA 519 (WCC) (6 March 2013)
The court found that the Minister did not treat the Kenilworth Road Policy as a binding rule but rather as a guideline, exercising proper discretion in considering the specific circumstances of Booth's application. The Minister's reliance on the policy was legitimate, and Booth failed to present exceptional circumstances justifying departure from the policy. The court rejected the argument that the Minister placed the wrong onus on the applicant, holding that section 36 of LUPO does not require proof of positive advantage but allows refusal where desirability is lacking. The area was properly…
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Stellenbosch Municipality v Van Wyk and Others (1549/2012) [2013] ZAWCHC 18 (8 February 2013)
The High Court interdicted a Stellenbosch homeowner from running student accommodation on single-residential land without zoning consent.
Emilel Investments (Pty) Ltd v Silvestri and Others (080/2012) [2012] ZASCA 181 (29 November 2012)
The Supreme Court of Appeal held that a soccer centre and craft market on school property were unlawful commercial uses under the zoning scheme.
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