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MPT South Western
Agenda item no
MPTSW 23/11/2016
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) ERF:86313 CAPE TOWN AT MUIZENBERG, 3 SCOPUS ROAD/CASE NO: 70321706
F ABRAHAMS/P HOFFA
Meeting date
Tuesday, November 08, 2016
Resolution
Approved
Date closed
Friday, November 18, 2016
Resolution details
The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R0 in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 86313 Cape Town at Muizenberg in accordance with plan no RESSEL/86313/3, drawn by M Sexton and last updated on 2016-10-19.
REASONS FOR DECISION
1. ±18m² of building work contravenes the building lines in the Development Management Scheme.
2. The contraventions are effectively at ground storey and have very little, if any, direct impact on the neighbouring properties, and no impact on the character of the area.
3. The gravity of the contravention is not serious.
4. It would appear that the errors that resulted in the contravention were not deliberate on the part of the owners and it is clear that they have been attempting to regularize the situation.
5. As far as can be ascertained, the owners have not previously contravened this By-Law or any other planning law.
6. The owners paid an admission of guilt fine of R2500 on 2015-03-24.
ACTION BY: F ABRAHAMS/P HOFFA