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View MPT resolution details

MPT North Eastern

Agenda item no

MPTNE 10/9/2023

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 1312, 11 KREMETART ROAD, LOEVENSTEIN, BELLVILLE. CASE ID:1500107376 A GINGCANA/E MARAIS

Meeting date

Tuesday, September 12, 2023

Resolution

Approved

Date closed

Thursday, September 14, 2023

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R 5 200 BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of erf 1312, 11 Kremetart Road, Loevenstein, Bellville for the unlawful building work be determined and that such penalty be approved in terms of section 98(b) of the said By-Law.


REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reasons 6.1 and 6.6, which are amended as follows:

6.1. The extent of the unauthorised building work is considered significant as it measures 42.5m²; and contravenes height and common building lines
6.6. However, the gravity is considered to be moderately serious insofar the proposal encroaches along the common boundary and triggers a height departure without obtaining building plan approval or obtaining input from potentially affected neighbours.

FOR INFORMATION:
ACTION: A GINGCANA / E MARAIS

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