MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R37 596 BE DETERMINED for the unauthorised land use in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of Portion 1 of Cape Farm No. 1098, Durbanville, and such penalty be approved in terms of section 98(b) of the said By-Law.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out below

1. The extent of the contraventions is regarded as large at 1202m2.
2. Although the existing farm building structures were converted to accommodate tourist accommodation, the nature of these structures contravenes the primary uses permitted in the Development Management Scheme of the Municipal Planning Bylaw. Furthermore the conference facility has been extended beyond that initially approved.
3. The contraventions are lengthy in duration dating from 2016 up until 2023.
4. The gravity is very serious when considering that buildings related to the farm have been converted to tourism facilities, without the necessary health and safety checks
5. The owner was aware of the process and procedures to obtain the correct land use rights having previously followed a similar process on the subject property. The owner has on two different occasions contravened this Bylaw on two other erven elsewhere in the District. The conduct of the owner is regarded as being willful. For the forgoing reasons a higher(maximum) penalty is warranted.

FOR INFORMATION:
ACTION: L VAN BLERK / E MARAIS