MPT South Western

Resolution details

RESOLVED UNANIMOUSLY

That an administrative penalty in the amount of R50 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 618 Noordhoek with regard to the unauthorised rooftop base telecommunication station as per the plans drawn by WPP Town and Regional Planning Consultants, T7166 (sheets 2, 3 & 4) Revision 3, dated 21/02/2019.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report except reasons 6.2 and 6.5 which is amended as follows:

6.2 The scale and nature contravention is significant.
6.5 The operator (MTN) is well aware of the land use processes that are required, and are also well aware of the City’s Telecommunication Mast Infrastructure Policy. Furthermore, the operator has not been cooperative in providing the total cost of the rooftop base telecommunication station structure. It must also be noted that the applicant submitted incorrect information, implying that there was no contravention of the MPBL and no unlawful building work. This was patently incorrect. Incorrect information regarding the health radius was also provided. The contravention was clearly willful and the conduct of the operator is not acceptable and cannot be condoned.

FOR INFORMATION:
ACTION: N FLORIS / P HOFFA