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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 857, 5 WINDELL STREET, DURBANVILLE
A Smit / S V RENSBURG
Tuesday, June 02, 2020
Thursday, June 04, 2020
That an administrative penalty in the amount of R28 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect Erf 857, Durbanville in accordance with attached Annexure B.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out below
1. The Place of Instruction accommodates 61 children in contravention of the DMS.
2. The Place of Instruction entails an extension of the existing school on Erf 858, Durbanville.
3. The additional buildings are partly accommodated within the 3m building line restriction.
4. The Place of Instruction has been operational for a substantial period, i.e. for 1 year and 7 months without the necessary approval.
5. It entails the entire 1494m² property.
6. The property is situated within the secondary business area and which is no longer purely residential in nature.
7. The use is in contravention of the title deed restriction, i.e. limiting the use to residential purposes and one dwelling only.
8. The operator, however, expanded the Place of Instruction onto Erf 857, Durbanville while being fully aware of the administrative penalty, consent use and building plan requirements.
9. The Place of Instruction entails a private school which fulfills an important function to the surrounding community.
10. This applicant is responsible for several contraventions.
11. For all of the above reasons a much higher penalty is warranted
ACTION: A SMITH / S VAN RENSBURG