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MPT North Eastern
Agenda item no
MPTNE 31/9/2023
Subject
APPLICATION FOR THE DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF SECTION 42(R) OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 8562, KUILS RIVER (STELLENBOSCH), 12 OOSTERLAND STREET, HIGHBURY. CASE ID:1500107566
S PUTA/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 R4 700.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 8562, Parow in accordance with Annexure B.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reasons 6.2 and 6.3 which are amended as follows:
6.2. The gravity of the contravening building works is of a serious nature as it involves the construction of an enclosed pool and braai structure in the absence of approved building plans and Land Use Management approvals where the necessary health and safety implications can be evaluated. Adjoining neighbours were also not given an opportunity to comment or object to such an application.
6.3. The extent of the contravention is regarded as large in relation to the size of existing residential dwelling.
FOR INFORMATION:
ACTION: S PUTA / T KOTZE