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Philippi Horticultural Area Food & Farming Campaign & Others v MEC for Local Government, Environmental Affairs and Development Planning: Western Cape

17 February 2020

Case no. 16779/2017

Date of judgment: 17 February 2020

Judge: Savage, J

The PHA Food and Farming Campaign successfully challenged various decisions relating to a proposed development of a portion of the Philippi Horticultural Area.

The court remitted the MEC’s decision to dismiss an appeal of the environmental authorisation granted to the developer (thereby upholding the validity of the environmental authorisation) and sent the matter back for redetermination. The MEC was instructed to reconsideration the appeal in light of new evidence and reports relating to the impact of the proposed development on the underlying aquifer.

City planning decisions made by the City of Cape Town’s General Appeals Committee were also set aside on the basis that relevent considerations relating to the aquifer were not considered. The matter was sent back for reconsideration by the Committee, restricted to reconsideration of the natural environment and the effect of the proposed development application on existing rights in relation to the aquifer in the context of climate change and water scarcity in the City.

Download the judgment