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MPT South Western

Agenda item no

MPTSW 12/11/2016

Subject

APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN RESPECT OF ERF 162139, CAPE TOWN AT RETREAT, 2 ORCHID STREET, HILLVIEW/CASE NO:70318447 J DIDO/A McCANN

Meeting date

Tuesday, November 08, 2016

Resolution

Approved

Date closed

Friday, November 18, 2016

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty of R 740.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 for Erf 162139 Cape Town at Retreat in terms of Section 98 of the Municipal Planning By-law, 2015, in accordance with plan drawing number SAAL/786 dated 2014-07-14.

REASONS FOR DECISION

1. The contraventions are of a low gravity since they do not pose any safety or health risk.
2. The contraventions are not serious due to the minor extent of the covered stoep and storeroom contravening the street building line.
3. The owner has not previously contravened the By-law or any other planning law.
4. The owner submitted an application to rectify the contravention once he became aware of the infringement, thus showing good faith.
5. The contravention has a relatively long duration of two years.


ACTION BY: J DIDO/A MCCANN

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