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MPT South Western
Agenda item no
WARD 71: APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY
OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 4943
CONSTANTIA, 12 ADELAAR STREET, KIRSTENHOF
CASE ID: 70564410
J DIDO / P HOFFA
Tuesday, May 17, 2022
Wednesday, May 18, 2022
An administrative penalty in the amount of R5000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 4943 Constantia in accordance with the plan drawn by Paul M Marsh with drawing number PMM 21018A dated 2021-07-21.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the Planner’s report
1. The unauthorised building work is in contravention of a title deed condition that was imposed in terms of the Townships Ordinance No 33 of 1934 as well as Item 22(d) of the Development Management Scheme.
2. The duration of the contravention is short.
3. The gravity of the contravention is relatively serious. The unauthorised first floor additions relate to habitable rooms. The gravity is further aggravated by the contravention of a title deed condition and by the fact that the contravention is 0m from the street boundary at first floor level.
4. The extent of the contravention is small.
5. The conduct of the current owner cannot be condoned.
6. The unlawful conduct has not stopped.
7. As far as can be ascertained, the owner has not previously contravened this By-Law or any other planning law.
ACTION: J DIDO / P HOFFA