THE High Court has granted a rescission order over a development permit that was previously granted to Cape Valley in respect of a property at Swallowfield Farm in Norton.
The order was granted by High Court judge Justice Nyaradzo Munangati-Manongwa.
Cape Valley had obtained a High Court order compelling Norton Town Council to issue it a development permit on the basis that it had been contracted by the owners to develop the property.
In the application, the owners submitted that they had never contracted Cape Valley to undertake development works on Swallowfield Farm.
They further submitted that the only contractor previously engaged was Drawack but the contract was later cancelled.
Confirmation of such cancellation remains before the High Court under Case Number HC 7709/22.
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In light of the above, an application for rescission of the order compelling the granting of the permit was filed under Case Number HCH 3560/25.
Justice Munangati-Manongwa heard the matter on February 17 this year, and the court rescinded an earlier judgment and order compelling the Norton Town Council to grant the development permit to Cape Valley.
The legal effect of the rescission is that the order on which the development permit was granted no longer exists.
The circumstances are that on May 5, 2018, Norton Town Council issued the applicant with a development permit for the property under the respondent's jurisdiction, being Lot 34 Swallowfield of Johannesburg, measuring 60,47 hectares.
The development permit was to enable the applicant to carry out development work in the stated area within a period of six years.