Johannesburg City Council v Victteren Towers (Pty) Ltd

• Jurisdiction: South Africa
• Judge: Marais J
• Judgment Date: 22 June 1975
• Citation: 1975 (4) SA 334 (W)
• Hearing Date: 13 June 1975
• Court: Witwatersrand Local Division

Marais, J.:

This is an application notice of motion seeking an order declaring that all matters relating to a development contribution (including the determination and levy thereof) in respect of consolidated stand 4593, Johannesburg (formerly stands 1840, 1842, 1844 and 1849 (leasehold) and stands 1890 to 1899 (freehold) Johannesburg Township) payable by the

Marais J

respondent by reason of the said properties being included in Johannesburg Amendment Scheme 1/413 are governed by the provisions of sec. 51 of the Town Planning and Townships Ordinance, 25 of 1965, as substituted by sec. 4 (1) of Ord. 15 of 1970 (T).

The applicant states that the issue on which the applicant A seeks a declarator as against the respondent arises in the following circumstances:

(a)

The respondent is the present registered owner of consolidated stand 4593, Johannesburg, and was so at all times naterial to this application.

(b)

On 9 December 1969 the respondent, through its B architects, made a written application in terms of sec. 46 of Ord. 25 of 1965 (T) for approval by the Administrator of the amendment of Johannesburg Town-Planning Scheme 1 of 1946, by rezoning the stands I have mentioned, and these stands have since been consolidated into the aforementioned stand 4593, Johannesburg.

(c)

C At the time of the application the aforementioned stands were all zoned "general residential, height zone 2", and the application was made for the purpose of rezoning the stands to "special" to permit the erection of flats and/or a hotel and public restaurant.

(d)

On 23 August 1971 the Administrator approved of the amendment of Johannesburg Town-Planning Scheme 1 of D 1946 by the rezoning of the aforesaid stands from "general residential" to "special" permitting flats and/or hotel and public restaurant, subject to certain conditions which are apparently not relevant to the present application. This amendment is now officially known as Johannesburg Amendment Scheme 1/413. Notice of the aforesaid approval was published in the Provincial Gazette of 8 September 1971.

E In terms of the Town Planning and Townships Ordinance, 25 of 1965, provision is made for development contributions to be levied by local authorities on owners whose properties have been rezoned in terms of an amendment scheme as defined in sec. 1 (ii) of the Ordinance. The relevant provisions are contained F in sec. 51 of that Ordinance and this has undergone...