Tavakoli & another v Bantry Hills (Pty) Ltd

Bantry Hills (Pty) Ltd obtained approval for building plans to construct a block of flats in Sea Point, Cape Town. Tavakoli and another, owners of residential properties situated approximately 80 metres from the development site, applied to the Western Cape Division of the High Court to review and set aside the approval. They alleged that the plans contravened item 40(c) of the City of Cape Town’s Development Management Scheme, which restricts the construction of flats where the only vehicular access is from an adjacent road reserve less than 9 metres wide. The proposed development had two vehicular access points, each from roads with reserves narrower than 9 metres. The High Court dismissed the review application with costs, finding against the applicants on both locus standi and the interpretation of item 40(c). The applicants appealed to the Supreme Court of Appeal.

The appeal was dismissed, with costs, and the judgment of the Western Cape Division of the High Court was upheld.

The case is significant for clarifying the requirements of locus standi in administrative and planning law reviews. It underscores that only persons who fall within the protective scope of a statutory or by-law provision, and who can show harm or potential prejudice, are entitled to challenge administrative decisions based on alleged non-compliance with such provisions.