"This matter raises a number of questions regarding the exercise of planning powers, the interpretation and application of various provisions of the MPBL. The declaratory order sought by the HWC, on the other hand, raises the issue whether section 27(18) of the Heritage Act requires a permit for the development of a place that is itself not a heritage site, as in this case." Extract from the introduction to the judgement.
MPBL - Municipal Planning By-Law 2015
HWC - Heritage Westen Cape
The applicants in the matter were the Bo-Kaap Civic and Ratepayers Association, 35 On Rose Body Corporate, Fabio Todeschini and Heritage Western Cape. The respondents were the City of Cape Town, the Municipal Planning Tribunal, the Mayor of Cape Town and Buitengracht Properties.