A room with a view

The recent case of Gregory J Paola v Jaivadan Jeeva NO & Others (475/02), on appeal from the Durban North and Southern Central Council, should leave the owners of homes with a view cheering. The court found that a city council which approves building plans that would spoil a homeowner's view is acting unlawfully and infringing on the rights of the owner with the view, and that such building plans should never be approved.

The court also accepted that the value of Paola's property would be "significantly diminished". The term "value", Judge Farlam said, could only mean market value. Dr Mike Sutcliffe, eThekweni city manager, slammed the judgment, saying that the matter should be taken to the Constitutional Court because it would render planning and economic development pretty much redundant.

Reports in finance24 and the Sunday Times.