Development Law Update | Issue 2 – 2015

Posted on: September 18th, 2015 by STBBSiteOwner

Demolish 5 of 9 Storeys

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014)

If a local authority and developer do not follow required notification procedures where a rezoning application is considered and subsequently building plans aligned to such rezoning are approved, property owners are not left without recourse, even if the building works had reached an advanced stage. The court here answered the affected owners’ call for review of the irregular decisions, in consequence of which it ordered demolition of the building work that was done subsequent to irregular municipal approvals.

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Development Approvals Prior To Property Transfer

City of Cape Town Municipality Municipal Planning By-Law

In terms of the new planning laws effective in the City of Cape Town municipality from 1 July this year, the City can, on application, approve construction plans before the subdivision has been confirmed. Developers are at present however unable to submit any building plans prior to the confirmation, i.e. prior to the first unit in the subdivision being registered or transferred. The City is addressing the issue.

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