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MPT South Eastern
Agenda item no
MPTSE 8/4/2017
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 IN RESPECT OF ERF 2775, 185 BEACH ROAD, GORDON'S BAY
ID: 70303684
J NEUBERT / J WILLIAMS
Meeting date
Tuesday, April 25, 2017
Resolution
Approved
Date closed
Wednesday, April 26, 2017
Resolution details
RESOLVED UNANIMOUSLY
That it be APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015, to impose an administrative penalty in the amount of R11 245(rounded off), representing 2% of the municipal valuation of the area that is used unlawfully on Erf 2775, 185 Beach Road, Gordon’s Bay.
REASONS FOR DECISION:
1. Although the unauthorized use contravenes the Development Management Scheme, its impact is minimal.
2. The location of the portions within the existing dwelling in relation to surrounding properties will not have any impact from a visual perspective;
3. Likewise the location is a considerable distance from neighboring properties, negating the possibility of it creating a disturbance or nuisance;
4. The use had proven itself as being compatible with the surrounding area;
5. The owner had admitted that he had contravened and submitted the application to regularize the situation and for the administrative penalty without delay;
6. It is the owner’s first offence of this kind.
FOR INFORMATION:
ACTION: J NEUBERT / J WILLIAMS