Midstream Home Owners Association and Others v Shoprite Checkers (Pty) Ltd and Others; Heritage Hill Home Owners Association v Shoprite Checkers (Pty) Ltd and Others

Shoprite Checkers constructed and expanded a major distribution centre in Centurion. When the township was originally approved, the municipality imposed a "line of no access" along most of the Brakfontein Road boundary, permitting only limited access points. As part of a later expansion, Shoprite applied for and obtained municipal approval to increase the floor space ratio and submitted a traffic impact study and site development plan that included a new access point on Brakfontein Road. The Midstream and related home owners associations alleged that this new access breached the existing line of no access, that no formal application or express revocation of the access prohibition had occurred, and sought a final or interim interdict to prevent construction and use of the access.

The appeal was dismissed with costs, including the costs of two counsel. The order of the North Gauteng High Court dismissing the application for interdictory relief was confirmed.

The case clarifies that access prohibitions under town planning schemes may be relaxed or revoked by implication through municipal approval processes, without the need for express revocation or amendment of planning maps. It affirms municipal discretion in access control decisions and limits the circumstances in which neighbouring landowners can claim procedural rights under administrative law in town planning matters.