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MPT North Eastern
Agenda item no
MPTNE 25/9/2023
Subject
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 21373, KUILS RIVER (S), 160 OLD NOOIENSFONTEIN ROAD, GERSHAM. CASE ID:1500103293
D STEVENS/T KOTZE
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 R52 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 21373, Kuilsriver for the unauthorised land use as indicated in Annexure B.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, and added two additional reasons that reads as follows:
6.5. That the owner is also in contravention of Section 78 of the Bylaw and such conduct cannot be condoned
6.6. The owner / operator manages several ECD’s without prior approval and has consistently contravened the Municipal Planning Bylaw hence a substantially higher penalty is imposed.
FOR INFORMATION:
ACTION: D STEVENS / T KOTZE