Only where the building will probably or in fact disfigure the area, be unsightly or objectionable, or present a danger to life and property, to the extent that the legitimate expectations of parties to a hypothetical sale will be exceeded, will the possibility of a derogation of value of a neighbouring property come to the fore. Substantiating on this issue in paragraph 46, the judgment says that two arguments were advanced, one of them being the one I have quoted in the preceding paragraph. Ugu District Municipality is one of the ten 10 district municipalities in the province of KwaZulu Natal which is one of the nine 9 provinces of the Republic of South Africa. It is a discretion that must be exercised judicially having regard to all the relevant considerations. It follows that the decision-maker had failed to properly determine that none of the disqualifying factors would be triggered by the erection of the block of flats.
That is how the decision-maker would also have understood the document. Our office is a satellite office of the Hibiscus Coast Municipality. A proposed development may — depending on, for example, the bulk, height, general aesthetic character and other characteristics — compare so favourably with existing developments as to warrant approval of its plans without much effort. The other implications ascribed to it in that paragraph need to be qualified to that extent. The interpretive process was not only central to this; it constituted the issue. As a counterbalance to the risk that a new building may be more intrusive or render the subject property less attractive, the hypothetical buyer will have regard to the consideration that the new building will be constrained by the restrictions imposed by the Town Planning Scheme, the Zoning Scheme Regulations, the title deed conditions, and so forth.
Pearl Star indicated — in writing — that it had suffered no prejudice. This is equally true of the other disqualifying factors, such as disfigurement of an area, unsightliness or objectionableness, and danger to life or property. In particular, the Municipality was in the dark as to the exact nature of the constitutional issue the applicant was relying on. However, the rural areas that now form part of the municipality are relatively underdeveloped. This is a controversy that must be dealt with head-on. In consequence, the fact that a new building is then erected on the neighbouring property which interferes with previously existing attributes of the subject property will not, in itself, be regarded as derogating from the value of the latter. The reality was that Mr Van der Walt had made the approval.
Also, none of these complaints flows from allegations of contraventions of any legal prescripts. It is 5 866 km² in extent and boasts a spectacular coastline of 112 kilometres, which forms its eastern border. Before I deal with them, let me emphasise that an application for condonation is not a mere formality. None of these considerations apply to Pearl Star, a private entity. Without precedent there would be no certainty, no predictability and no coherence.
It was this request that galvanised counsel into action. This is so long as the new building complies with the restrictions imposed by law. The first is that, based on the majority interpretation of section 7 1 b ii , the information furnished to the decision-maker in terms of section 6 could not have placed the decision-maker in a position to reach the level of satisfaction required by section 7 1 b ii. Even so, its persuasive value would be irresistible. In a the cause of the depreciation will flow from a non-compliance with section 7 1 a.
The building control officer checks the plans against each of the items listed on the pro-forma. This is so because any approval of plans facilitating the erection of a building which devalues neighbouring properties, for example, is liable to be set aside on review. This must be meant to lessen the intrusive effects of overlooking. The applicant is the registered owner of property described as the remainder of Lot 75 Ramsgate situated at the South Coast in KwaZulu-Natal. They are not pivotal to the determination of the issue or issues at hand and are not binding precedent.
In terms of section 5 it is obligatory for every local authority to appoint a building control officer. The late filing of the record and written submissions by the applicant is condoned. Secondly, if she is satisfied that the application for approval complies with the requirements of the Building Standards Act and other applicable law, she must grant the approval. That can only enhance the decision-making process. It is more consonant with the provisions of section 39 2 of the Constitution. The first is whether the interpretation given by this Court in Walele is obiter. This is not about the mere possibility of the existence of these features.
He submits that the fact that Mr Van der Walt was undeterred in continuing to grant the approvals, despite the upsets by the Appeal Board, is an indication of his bias in favour of Pearl Star. In short, absent adequate information in recommendations, there can be no proper consideration of applications in terms of section 7 1. It was produced in terms of rule 53 of the Uniform Rules of Court by the Municipality in the review proceedings that are the subject of this appeal. Input from a building control officer may, depending on the circumstances, satisfy the decision maker that none of the disqualifying factors exists. The latter issue is not before us.