planning law

1. GROUP 7
USING CASE LAWS EXPLAIN THE MEANING OF THE
FOLLOWING TERMS AND HOW THEY ARE USED IN
GRANTING OR REFUSING DEVELOPMENT PERMITS;
 EXISTING USER RIGHTS
 DEEMED REFUSAL

2. EXISTING USER RIGHTS
• These are rights which provide certain protections to land owners from
changes to planning laws that apply to their land
• They allow people to continue to live in their homes for example or operate
their businesses as they did before the change, until they decide they no
longer wish to do so

3. EXISTING USER RIGHTS CASE LAWS
1. Evangelical Alliance Mission vs city of Harare(1990) T1746
2. Gouveia vs city of Harare(1988)T1660
3. Hamond vs city of Harare (1880) T1644
4. Zimbabwe Catholic Bishops Conference Vs city council of Harare(1990)T1744
5. Waterfalls Trust vs city of Harare and Bvunzawabaya(1986)T1601
6. Greigh-Smith vs The Minister of Local Government, Rural Urban
Development(1987)T1622

4. DEEMED REFUSAL
• The term, “deemed refusal” is normally found on the application of permits to the
Local Planning Authority to permit such intended developments
• It is when a response to a request is not received within the prescribed time which is
the legislated 30 days
• Issues pertaining to the application of permits, appeals, acknowledgment and
determination of the application should be taken seriously because they are time
bound. Any slake in the provisions of timeliness within the determination process
complicates the system hence leading to the negative outcome to the complainant or
the respondent

5. DEEMED REFUSAL CASE LAWS
• 1. There was a case between B and C Bus Company (private) Limited v City
of Harare (1989) T 1708 where the company appealed against the
enforcement order over the use of parking and repairing buses on its
property where the appeal was noted late where the company had to first
apply for leave to appeal out of time. Hence, the appeal out of time was
rejected having considered why the applicant failed to comply within the time
specifications of launching appeals

6. DEEMED REFUSAL CASE LAWS
• 2.

7. END OF
PRESENTATION
THANK YOU