Developers should take note of the recent Supreme Court of Appeal decision which confirmed the setting aside of development rights (in the form of a 1957 township approval) for portion of the farm Oudekraal on the eastern slopes of Table Mountain.

Holding that “the entire area is regarded as sacred by Muslims……a formerly marginalised section of South African society”, and that “the ecology of the area……is unequalled”, the Court decided that the original township approval had been invalid.

Constitutional requirements, and post-1957 environmental legislation, add further considerations - the High Court in another case recently held that “pure economic factors are no longer decisive. The need for development must now be determined by its impact on the environment, sustainable development and socio-economic interests”. 

Clearly, in assessing the development opportunities of any property, you need to look far beyond the zoning and other technical issues – consider also any broader issues that may impact on approval.  Include at least these in your checklist: -

• Environmental impact
• “Heritage” issues
• Religious rights or considerations
• Cultural factors
• Socio-economic interests (which must, per the High Court case relate to the development itself, not to extraneous matters)
• Sustainability.