Residents whose views are obstructed by high-rise buildings - especially on prime beachfront properties - now have legal recourse after the SCA ruled in favour of two Sea Point residents who objected to the construction of their neighbour's double-storey house.

This comes despite the city council's zoning scheme regulations allowing the building of a three-storey house in the area. The SCA has dismissed, with costs, a City of Cape Town appeal to stop the two residents from taking their objections to the Cape High Court. A Cape Times report says Marina Reader and Ian Peploe said the building 'obliterated her view of the sea', compromised the privacy of her home and reduced the value of her property by R350 000. They instituted a review application in the Cape High Court challenging the validity of the permit to build and seeking a permit to demolish the house. In its response, the city said they should have exhausted the internal appeals process before approaching the court. The review application should have been dismissed on this basis, the city argued. Cape High Court Judge Anton Veldhuizen upheld the city's defence and dismissed the review application. But Veldhuizen's finding was later set aside on appeal to the Full Bench when judges Dennis Davis, Nathan Erasmus and Hennie Erasmus found the Municipal Systems Act did not give objectors to building permits a 'viable internal appeal'. The City of Cape Town then lodged an appeal with the SCA. However, it confirmed the judgment of the full Bench that objectors were entitled to launch an application against planning approvals granted by the city in court.
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