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MPT South Western
Agenda item no
WARD 69: APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CAPE TOWN
MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 163 CHAPMANS PEAK, 2 OAK AVENUE,
CASE ID: 70563327
F CURRIE / P HOFFA
Tuesday, May 17, 2022
Wednesday, May 18, 2022
RESOLVED UNANIMOUSLY that:
An administrative penalty in the amount of R20 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 163 Chapmans Peak with regard to the unauthorised motor repair garage as per the unnumbered plans drawn by Exemplar, dated 2 November 2021.
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 as follows:
6.4. The gravity of the contravention is serious given that a motor repair garage can potentially have a significant, negative impact on the surrounding residential properties. It must be noted, in this regard, that the property is centrally located in a low-density residential area characterized by dwelling houses. Complaints received from neighbours related to the parking of customer’s vehicles in the street, unhealthy smells caused by stains by automotive fluids, and noise. The gravity is aggravated by the fact that the motor repair garage is in contravention of a title deed condition. Taken all of these reasons into account an increase in the penalty amount is justified.
ACTION: F CURRIE / P HOFFA