MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R50 000 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 12842, Bellville.

REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reasons 6.1, 6.3 and 6.5, which are amended and added an additional reason that reads as follows:

6.1. Notwithstanding the relatively short duration, the nature of the unauthorised use and its potential negative impact on the health and safety of patrons and neighbours is regarded as significant.
6.3. The gravity of the unauthorized land uses is regarded as very serious, as the nightclub/gaming venue was operational prior to the necessary building plan and Land Use Management (LUM) approval. Therefore the necessary fire and health checks were not undertaken, prior to employing staff and opening to customers at the premises. The operation of the mentioned activities is also conducted in the absence of a planning process where neighbours would have had the opportunity to raise comments and objections regarding such land use/activities.
6.5. Although there is no evidence that, the owner has previously contravened the By-Law or any other planning legislation, the conduct of the owner is regarded as willfull
6.6. Given the scale and serious gravity of the contravention, a higher penalty is warranted.

FOR INFORMATION:
ACTION: B ABAY / T KOTZE