MPT South Western

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R100 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 468 Bishopscourt regarding the unauthorised hotel and 9m2 portion of the outbuilding.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the planner’s report, except reasons 6.1, 6.2 and 6.3 which are amended as follows:

6.1 The administrative penalty is required for the unlawful building work (shed) and land use (hotel) on the entire property (8014 m2) that contravenes Items 21 and 22 of the Development Management Scheme and also 180 (C)
6.2 The gravity of the contravention is very serious given that the entire property is being used for the hotel and given the size of the events that are accommodated.
6.3 It is clear that the owner was aware of the need for a land use approval as he/she applied for consent for a guest house before the operation commenced in October 2018. The current main land use application was only submitted on 01/08/2019 after a property inspector served a notice. The willful conduct of the owner cannot be condoned.

FOR INFORMATION:
ACTION: K MCGILTON / P HOFFA