MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES An administrative penalty in the amount of R1 000.00 in terms of Section 129 of the Municipal Planning By-Law, 2015, for Erf 28702 Cape Town at Mowbray, for the 2 classrooms and covered porch area that were built without Council’s approval and the non-compliance with a condition of approval for place of instruction relating to on-site parking.

REASONS FOR DECISION

1. Building work was done and a parking condition was not complied with, in contravention of the Municipal Planning By-Law, 2015.
2. The alterations and additions were constructed some years before the current owner took transfer of the property.
3. The extent of the contravention is relatively large in relation to the size of the property. The gravity of the contravention is not particularly serious due to the specific location of the property extremely close to the Mowbray railway station, the Mowbray public transport interchange and the Mowbray CBD, and given the General Business zoning of the property.
4. The current owner was aware of the planning approvals, or lack thereof when she purchased the property. It took more than a year between when the transfer of the property was registered and when she submitted the land use application to regularize the contraventions.
5. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

ACTION BY: C GOSLETT/P HOFFA