Section 7(1) of the National Building Regulations and Building Standards Act 103 of 1977 (‘the Building Act’) has been a fecund root of litigation and the subject of strikingly divergent judicial interpretation. This is yet another case arising from the approval of building plans by a local authority in terms of the provision.
The applicants, who are the body corporate of a 17-storey mixed use building in central Cape Town called ‘Four Seasons’ and the owner of one of the residential units in the building, have applied for the judicial review and setting aside of the decision by the municipality of the City of Cape Town to approve building plans for the remodelling and upward extension of a building on the immediately adjoining erf (Erf 5284, Cape Town) known as the Oracle building.
The City was cited as the first respondent and the owner of the adjoining erf as the second respondent. Both respondents opposed the application.