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MPT North Western
Agenda item no
MPTNW 25/12/2016
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE MUNICIPAL PLANNING BYLAW IN RESPECT OF ERF 119, CLIFTON, 288 KLOOF ROAD/CASE ID:70320407
Q SAMAAI/G SEPTEMBER
Meeting date
Tuesday, December 06, 2016
Resolution
Approved
Date closed
Wednesday, December 21, 2016
Resolution details
UNANIMOUSLY RESOLVED that:
a. An administrative penalty for the pre 2014 building work of R0 (0%) in terms of Section 129 of the Municipal Planning By-Law, for Remainder Erf 119 Clifton, IS APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015.
b. An administrative penalty for the post 2014 building work of R 31 415.00 (5%), in terms of Section 129 of the Municipal Planning By-Law, for Remainder Erf 119 Clifton, IS APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015.
REASONS FOR DECISION
1. Although a land use application has been submitted to rectify the unauthorized building work, the structure exists without relevant approval.
2. The nature of the contravention is low key and the gravity is not serious. The additions are located below the road level and thus bears no impact on the street scape or aesthetics of the area.
3. The unauthorized building work erected pre – 2014 was inherited as it was effected by the previous owner.
4. As far as it can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.
ACTION: Q Samaai/ G September