Residents’ Association of Hout Bay and Ano v Entilini Concession Pty Ltd and Others

The application was brought by the Ratepayers Association of Hout Bay against Entilini in the Western Cape High Court to prevent portion of the development of the Chapman's Peak toll plaza. It was alleged that construction would encroach on a portion of land situated within the Table Mountain National Park. This forms part of the Cape Floral Region Protected Areas World Heritage Site. The Judge pointed out that the litigation did not relate to the approval of the toll road as widely believed. That approval had already been granted about 10 years ago. The dispute was also not about the erection of the toll plaza itself but rather, the construction of the control building which would encroach on the protected area. The application was dismissed. The Judge ruled that there was no right in law to stop the construction. The ratepayers also failed to persuade the judge that irreparable harm would be suffered if the construction were to proceed. The control building encroached on a "minuscule part of the overall protected area". The nature and extent of the interference within the protected area was inconsequential and no further construction that would affect or harm the fynbos would occur on the site. Finally, the cost and financial consequence of delay to Entilini and the Province, if the application were successful, outweighed any prejudice to the ratepayers. An additional consideration was that the existing tolling facilities are inadequate and undesirable.