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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 28/9/2023

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 28346, MITCHELL’S PLAIN, 10 TENNESSEE AVENUE, COLORADO PARK. CASE ID:1500102062 U NOBAKADA/D DE KLERK

Meeting date

Tuesday, September 26, 2023

Resolution

Approved

Date closed

Thursday, September 28, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
a. An administrative penalty of R 5 000.00 BE DETERMINED for the unauthorised building work in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 28346, Mitchells Plain.

b. An administrative penalty of R 10 000.00 BE DETERMINED for the unauthorised land use in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 28346, Mitchells Plain.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:

Amend reason 6.4 as follows:
6.4 The duration of the contravention is 2 years, which is relatively long

Replace reason 6.10 as follows:
6.10 Given the scale of the contravention and the conduct of the owner, a higher penalty is warranted

FOR INFORMATION: NOBAKADA / DE KLERK

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