MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

a. An administrative penalty in the amount of R34 600 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of the unauthorised boarding house / flats on Erf 1888, Durbanville, as illustrated by Annexure B and such penalty be approved in terms of section 98(b) of the said By-Law; and

b. An administrative penalty in the amount of R13 400 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of the unauthorised building work (boundary wall, pillars, domestic/staff quarter and internal conversions) on Erf 1888, Durbanville, as illustrated by Annexure B and 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 reason 6.6, which is amended and added an additional reason that reads as follows:
6.6. The conduct of the owner is considered to be wilful, given the following:
- The owner has continued with the contraventions onsite, despite multiple notices from the City since 2019 to cease works/operations and to comply with both the National Building Regulations and the Municipal Planning By-Law. This wilful and uncooperative conduct of the owner is serious and warrant an increase in the penalty amount
- The owner has failed to timeously apply for the determination of an administrative penalty, despite numerous requests (the latest request being a 30 days’ notice, dated 28 April 2023).
- The owner has also failed to timeously make written representations to the administrative penalty application and the amount, despite the City’s latest 21 days’ notice, dated 10 July 2023, requesting such.

6.7. The unauthorised building work (the boundary wall with windows) has a negative impact on the street scape.

FOR INFORMATION:
ACTION: R SNYMAN / E MARAIS