Pietermaritzburg and District Council for the Care of the Aged (PADCA) v Redlands Development Projects (Pty) Ltd and Others

PADCA, the owner of a lower-lying property known as Woodgrove, sought an interdict against Redlands Development Projects (Pty) Ltd and other owners within Redlands Estate, a higher-lying residential and business development. PADCA alleged that stormwater runoff from Redlands Estate, increased by development and impervious surfaces, was unlawfully concentrated and discharged onto Woodgrove via a municipal stormwater system and a natural watercourse, causing damage. Redlands Estate’s stormwater system had been designed and constructed in accordance with municipal guidelines and approved plans, discharging into the municipal stormwater system that flowed, under registered servitudes and historic title conditions, across Woodgrove. PADCA was aware of this stormwater infrastructure when it developed Woodgrove and built its own canal along the natural watercourse.

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

The case clarifies that where stormwater disposal is carried out in accordance with approved municipal plans and lawful servitudes, developers are generally protected from interdicts under the actio aquae pluviae arcendae or neighbour law. It underscores the central role of municipal regulation in urban stormwater management and limits the use of ancient Roman-law remedies in modern, regulated urban contexts.