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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 45/10/2019

Subject

WARD 49: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF REMAINDER ERF 32916, CAPE TOWN, 14B BIRDWOOD STREET, ATHLONE ID: 70460651 L VOLKWYN / A MCCANN

Meeting date

Tuesday, October 15, 2019

Resolution

Approved

Date closed

Thursday, October 17, 2019

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R50000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Remainder Erf 32916, Cape Town.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out below

1. A freestanding base telecommunication station was erected in contravention of previous conditions of approval.
2. The owner was aware of the conditions but willfully erected the mast in contravention of the previous conditions – this conduct is viewed in a serious light and cannot be condoned
3. The owner has similarly contravened the Municipal Planning By-law, 2015 in the past at nearby Lansdowne station
4. The duration of the contravention is long-term.
5. The applicant has not adequately explained how it came to be that the owner disregarded the planning processes and conditions of approval and located the mast 100m from the location approved by council
6. The gravity is very serious

FOR INFORMATION:
ACTION: L VOLKWYN / A MCCANN

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