City of Cape Town and Another v Da Cruz and Another (A313/17)
City of Cape Town and Another v Da Cruz and Another (A313/17) [2018] ZAWCHC 5; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (2 February 2018)
The court held that both the Building Control Officer and the Head of Building Development Management misapplied the legal test under section 7(1) of the National Building Regulations and Building Standards Act. Instead of positively satisfying themselves that the proposed building would not be unsightly, objectionable, or derogate from the value of neighbouring properties, they adopted the incorrect approach from True Motives, which required only the absence of a basis to be satisfied that negative outcomes would occur. The decision-makers failed to conduct a proper contextual assessment of…
Source excerpt
- Building Standards Act
- Review Of Administrative Action
- Derogation Of Value
- Unsightliness And Objectionableness
- Procedural Fairness
- Zoning Scheme Rights