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MPT North Eastern
Agenda item no
MPTNE 25/3/2020
Subject
WARD 103: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 37077, 11 BASUTO STREET, LANGEBERG HEIGHTS, KRAAIFONTEIN
ID: 70483377
A LEWACK / S V RENSBURG
Meeting date
Tuesday, March 10, 2020
Resolution
Approved
Date closed
Thursday, March 12, 2020
Resolution details
RESOLVED UNANIMOUSLY:
That the application for administrative penalty, BE DETERMINED in terms of Section 129(1) of the Municipal Planning Bylaw (2015), for an amount of R4 000 in respect of the existing unlawful balcony on Erf 37077, Kraaifontein, as indicated on the Site Layout Plan attached as Annexure B, be approved in terms of Sections 98(b) and 129(1A)(a-b) of the same Bylaw.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report except reason 6.4 which is amended and added an additional reason 6.5 below:
6.4 Although the applicant motivated that the contravention is existing since June 2019, the City’s aerial photography reveals that the balcony was already built by February 2018, which is approximately 24 months ago. This is willful misleading of council which is a criminal offence in terms of Section 133(1)(d) of the Municipal Planning By-Law.
6.5 The applicant is also the developer and is aware of the plan approval process.
FOR INFORMATION:
ACTION: A LEWACK / S VAN RENSBURG
