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MPT North Eastern

Agenda item no

MPTNE 13/10/2019

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 6406, BELLVILLE, 17 REYNOLDS STREET, DE LA HAYE ID: 70467382 J JACOBS / T KOTZE

Meeting date

Tuesday, October 08, 2019

Resolution

Approved

Date closed

Friday, October 11, 2019

Resolution details

RESOLVED

That an administrative penalty in the amount of R20 000,00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6406, Goodwood in accordance with Annexure B.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons as set out below:

1. The nature of the contravention involves both unauthorised building works as well as unlawful land use activity.
2. The unauthorised building works have been in existence for a much longer duration than motivated by the applicant.
3. The extent of the building works contravention is of a minor scale in comparison to the size of the property. The unauthorised land use is large when considering that the entire as-built structure is being utilised as a guest house.
4. The owner has not previously contravened the MPBL or any other planning law and has applied for the determination of an administrative penalty in terms of Item 42(r) of the MPBL, 2015.

FOR INFORMATION:
ACTION: J JACOBS / T KOTZE

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