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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 36/5/2019

Subject

WARD 71: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 6970 CONSTANTIA, 141 ZWAANSWYK ROAD ID: 70418329 P ABSOLON / P HOFFA

Meeting date

Tuesday, May 21, 2019

Resolution

Approved

Date closed

Thursday, May 23, 2019

Resolution details

RESOLVED UNANIMOUSLY

That an administrative penalty in the amount of R10 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6970 Constantia with regard to the unauthorised building work as per the plans drawn by Kevin Gadd Architects cc, numbered 1409/CO/03 (Revision 00 dated 29/08/14), 1409/CO/01 (Revision 01 dated 14/07/2018), 1409/CO/02 (Revision 01 dated 14/07/2018), 1409/CO/05 (Revision 01 dated 029/06/16), 1409/CO/04 (Revision 00 dated 29/08/14).
REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.5 which is amended and split into two reasons which become 6.6, the original 6.6 becomes 6.7 as set out below:

6.5. The explanation given by the applicant for the conduct of the owner is not convincing.
6.6 Furthermore, the applicant and owner have not been forthcoming with the contraventions and when dealing to the administrative penalty for the gabions did not reveal the additional contraventions of the MPBL that this current application relates to. The conduct of the owner cannot be condoned.
6.7 The owner has previously contravened the MPBL with regard to the gabions on the property.

FOR INFORMATION:
ACTION: P ABSOLON / P HOFFA

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