View MPT resolution details
MPT North Western
Agenda item no
MPTNW 10/11/2023
Subject
APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 105315, 11 CORSAIR ROAD, SANDDRIFT (CAPE TOWN). CASE ID:1500105693
K JACOBIE/R ALLIE
Meeting date
Tuesday, November 07, 2023
Resolution
Approved
Date closed
Thursday, November 09, 2023
Resolution details
UNANIMOUSLY RESOLVED that:
An administrative penalty of R 150 000.00 BE DETERMINED for the unlawful building work and unlawful flats in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 105315, Sanddrift
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 6.7 as follows:
6.7 The owner has not been forthcoming and intentionally misled Council by submitting an inaccurate drawing, which misrepresents the building work and actual land use on site. This wilful misrepresentation is in violation of Section 78 of the Municipal Planning By-Law and warrants a significant penalty that reflects the seriousness of the contravention, hence the increase in the penalty amount
Add a new reason as follows:
6.8 The applicant’s conduct of blatantly disregarding notices served by Council and the decision by the High Court cannot be condoned
FOR INFORMATION: JACOBIE / ALLIE