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MPT South Eastern
Agenda item no
APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 42776, KHAYELITSHA, 58 NYANDA AVENUE UMRHABULO TRIANGLE. CASE ID:70502802
U NOBAKADA/D DE KLERK
Tuesday, May 24, 2022
Friday, May 27, 2022
UNANIMOUSLY RESOLVED that:
a. An administrative penalty of R 1 500.00 BE DETERMINED for the unauthorised building of the Freestanding Base Telecommunication Station (FBTS), in terms of Section 129 of the City of Cape Town Municipal Planning Amendment By-Law, 2019, in respect of Erf 42776, Khayelitsha.
b. An administrative penalty of R 5 000.00 BE DETERMINED for the unauthorised land use relating to the Freestanding Base Telecommunication Station (FBTS), in terms of Section 129 of the City of Cape Town Municipal Planning Amendment By-Law, 2019, in respect of Erf 42776, Khayelitsha.
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:
6.2 The extent of the land use contravention, although measuring 52m2, is regarded as fairly insignificant, as it only occupies a very small percentage of the subject property (0.08%).
Add reason 6.5 as follows:
6.5 The applicant failed to exercise due diligence by not ensuring that the land use rights were in place
FOR INFORMATION: NOBAKADA / DE KLERK