Camps Bay Ratepayers’ & Residents’ Association and Another v Harrison and Another

The first appellant, a ratepayers’ association, and the second appellant, PS Booksellers (Pty) Ltd, objected to building works undertaken by the first respondent, Harrison, a property developer and neighbouring landowner in Camps Bay. The City of Cape Town approved Harrison’s original and subsequently revised building plans under the National Building Regulations and Building Standards Act 103 of 1977. Earlier approvals were successfully challenged by the appellants through an interdict and an internal appeal under s 62 of the Municipal Systems Act, primarily on the basis that certain retaining walls contravened restrictive title deed conditions and artificially altered ground levels to disguise excessive building height. Harrison later submitted a further revised plan (Plan 506011), which removed the offending retaining structures and fill. Despite objections from the appellants, the municipality approved this plan. The appellants applied to the Cape High Court to review and set aside the approval, alleging non-compliance with zoning and title deed restrictions and procedural unfairness. The High Court dismissed the review. The appellants then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case affirms key principles of administrative law in the context of municipal building plan approvals, particularly the limits on raising new review grounds on appeal, the role of building control officers, and the approach courts take where an administrative decision is substantively lawful despite alleged procedural defects. It reinforces the importance of properly pleading review grounds in motion proceedings.