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MPT South Western
Agenda item no
MPTSW 43/12/2016
Subject
APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 1589, CAPRICORN - 39 THYS WITBOOI ROAD, VRYGROND/CASE ID:70306803
J FULLARD/A MCCANN
Meeting date
Tuesday, December 13, 2016
Resolution
Approved
Date closed
Tuesday, January 10, 2017
Resolution details
UNANIMOUSLY RESOLVED that:
a. An administrative penalty of R 0.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 for Erf 1589, Capricorn (Vrygrond) IS APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, in accordance with plan attached as Annexure B.
REASONS FOR DECISION:
1. Portions of the dwelling extensions (±13m2) are in contravention of the Cape Town Municipal Planning By-Law, 2015;
2. The owner of the property acquired the property with the unlawful building work at the time of purchase;
3. There is no evidence that the owner has previously contravened the By-law;
4. The contravention has a relatively long duration of ±13 years.
ACTION BY: J Fullard/A McCann
