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MPT North Eastern
Agenda item no
WARD 112: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 856, 7 WINDELL STREET, DURBANVILLE
A Smit / S V RENSBURG
Tuesday, June 02, 2020
Thursday, June 04, 2020
That an administrative penalty in the amount of R29 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect Erf 856, Durbanville in accordance with attached Annexure B.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out below
1. The impact of the Place of Instruction is deemed significant considering that 44 children are being accommodated without the necessary approval being in place.
2. The Place of Instruction has been operational for a substantial period, i.e. for 1 year and 2 months without the necessary approval.
3. It entails the entire 1 487m² property.
4. The Place of Instruction (ECD) for children 3 months to 4 years fulfills an important function to the surrounding community. However, since the facility is operating without the necessary approval the Health and Fire requirements are not checked and cleared.
5. The property is situated within the secondary business area and the area is no longer purely residential in nature.
6. This applicant is responsible for several contraventions.
7. For all of the above reasons a much higher penalty is warranted
ACTION: A SMITH / S VAN RENSBURG