The SCA had found, as a matter of fact, that the plans approved by the City of Cape Town did not comply with the Zoning Scheme on at least one critical point. But this Court ruled that this contravention was raised in reply rather than in founding papers and would not condone the point, making it a legal technical decision. However, given the real situation on the ground, where the City have, according to the SCA, incorrectly approved plans, the CBRRA and its co-applicant continue to feel justified in bringing this action, both in the public interest and the promotion of proper City governance.
CBRRA stresses that the contention by the Courts, that this is merely a dispute between neighbours, is not the situation – CBRRA embarked on this course of action because it believed that the approval of the plans contravened both Zoning Scheme regulations and Title Deed restrictions and that the application was in the general public interest.
Of course, the Constitutional Court is clearly the end of the line legally and the CBRRA must, and will, abide by its decision.
CBRRA has long fought, what it considers, the City Planning Department’s inequitable planning approval process. To date, the CBRRA has successfully challenged the City planners’ approval process in 7 cases.
Excluding the technical legal point in this case, that might have been eight. This is CBRRA’s first unsuccessful application.
CBRRA will continue to fight against the City’s frequently incorrect and inconsistent planning approval process. The number of other cases brought successfully against the City in other suburbs suggests that civic action of this nature is both necessary and in the general interest of the ratepayers of Cape Town.
CHAIR : CBRRA