MPT South Western

Resolution details

The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R 2 000.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 151113 Cape Town at Claremont, for the dental laboratory in accordance with plan no 006 drawn by ALLCAD dated July 2009.

REASONS FOR DECISION:

1. The use of the 1st floor as a dental laboratory contravenes the Municipal Planning By-Law, 2015.
2. The duration of the contravention has been relatively long, the nature of the contravention is not significant as it relates to the approved dental clinic on the property and the gravity is not substantial.
3. The errors in processing the application submitted in January 2015 were not the fault of the owner (but of their consultant and Council for the delay in identifying errors). When the January 2015 application was made no administrative penalty was necessary.
4. As far can be ascertained, the owner of the property contravened the provisions of LUPO prior to the 2007 temporary departure application to permit the dental laboratory on this property.

ACTION: K MCGILTON/P HOFFA