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MPT South Eastern

Agenda item no

MPTSE 29/6/2020

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 5154, 8 LAWULO ROAD, EYETHU, KHAYELITSHA. ID:70496597 A GINGCANA/D DE KLERK

Meeting date

Tuesday, June 30, 2020

Resolution

Approved

Date closed

Monday, July 13, 2020

Resolution details

RESOLVED that:
An administrative penalty of R 25 000.00 for the unauthorised building works and unauthorised land use relating to the Freestanding Base Telecommunication Station (FBTS), BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning Amendment By-Law, 2019, in respect of erf 5154, 8 Lawulo Road, Eyethu, Khayelitsha.

REASONS FOR DECISION
The MPT APPROVED the application for the following reasons:

1. The duration of the contravention is considered excessively longstanding and serious as the FBTS was erected in 2003, and has been operating unlawfully and serous since at least 2008.
2. The extent of the land use contravention is regarded as significant and serious
3. The unauthorized additional height of 4.5m has a significant visual impact.
4. As far as can be ascertained, the owner of the property has not previously contravened the Municipal Planning By-Law, 2019 or any other planning law.
5. Although the applicant took the necessary steps to rectify the contravention, this took 9 years and this conduct is considered to be unacceptable

FOR INFORMATION: GINGCANA / DE KLERK

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