We regularly advise clients on the land use planning, environmental impact assessment (“EIA”) and heritage impact assessments of projects, and have drafted land use planning legislation. We have: advised on how to obtain the necessary environmental and land use planning authorisations, appealed to review decisions to award or deny environmental and land use authorisations, and instituting proceeding before the High Court to review such decisions. The firm has also represented clients in setting important land use precedents, including a Constitutional Court judgment which confirmed that mining cannot occur on land that is not zoned for that purpose (Maccsand) and to uphold the right of municipalities to use zoning schemes to protect the environment (Le Sueur v eThekwinini municipality). We have also litigated to protect the rights of landowners adjacent to major hazard installations.
Environmental impact assessment and land development