MPT North Eastern

Resolution details

RESOLVED that:

An administrative penalty in the amount of R70 000,00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 40059, Goodwood.


REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reason 6.3 and 6.4, which are amended as follows:

6.1. The unauthorised use of the property as a place of instruction without the necessary planning, health and safety approvals in place is considered to be of a serious gravity. To place more than 400 vulnerable children at risk in this manner is irresponsible and warrants an increase in the penalty amount. Furthermore affected neighbours were not given an opportunity to comment or object to a land use application.
6.4. The applicant did not declare the unauthorised use and building works when the initial Land Use application for departures and rezoning were submitted. This conduct contravenes Section 78 of the MPBL and cannot be condoned.

FOR INFORMATION:
ACTION: E PIENAAR / T KOTZE