Ehlers and Others v Rand Water Board

The first appellant owned two sectional title units (units 18 and 19) in the sectional title scheme known as Klub 40, situated on the farm Anniesrus near the Vaal River and within the Vaal River Barrage area. The scheme and its predecessors had erected habitable buildings and related structures below the defined flood control line without the written consent of the Rand Water Board, as required by the applicable Guide Plan and later the Regional Structure Plan under the Physical Planning Acts. Although a sectional title plan was conditionally approved in 1996, that approval required the removal of certain illegal structures. Most owners settled with the Rand Water Board and agreed to demolish the offending buildings. The first appellant persisted in opposing the demolition order, relying on the stamped approval on the sectional title plan and provisions of the Sectional Titles Act.

The appeal was dismissed with costs, and the order requiring the removal of all habitable buildings and structures below the flood control line was upheld.

The case affirms the binding force of regional and guide planning instruments on landowners and sectional title holders, clarifies that conditional approval does not constitute statutory consent, and confirms that sectional title legislation does not override environmental and planning controls. It underscores the authority of the Rand Water Board in regulating development within flood-prone riparian areas.