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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 38/6/2021

Subject

WARD 62: APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 167914 CAPE TOWN AT PLUMSTEAD, 62 GABRIEL ROAD ID: 70526084 P ABSOLON / P HOFFA

Meeting date

Tuesday, June 15, 2021

Resolution

Approved

Date closed

Thursday, June 17, 2021

Resolution details

RESOLVED that:

An administrative penalty in the amount of R25 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 167914 Cape Town at Plumstead regarding the unauthorised office and collection point for Takealot as shown on the plan drawn by Pene Walters-Brown, with drawing number 2020/015/2¬_01, dated February 2020.

REASONS FOR DECISION

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.3 which is amended and added an additional reason 6.9

6.3. Notwithstanding the change in land uses along Gabriel Road the gravity of the contravention is serious because of the operational hours of the undertaking which will impact negatively on the surrounding neighbourhood.
6.9 An expectation that a major corporate logistics retail outlet would undertake due diligence prior to the operationalisation of business from the premises.

Note: For all of the above reasons the panel members who voted in favor of the significantly higher penalty felt that an increase in the penalty amount is warranted.

FOR INFORMATION:
ACTION: P ABSOLON / P HOFFA

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