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MPT North Eastern
Agenda item no
MPTNE 32/11/2023
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 5380, GOODWOOD, 98 CAMBRIDGE STREET, RICHMOND ESTATE. CASE ID:1500108668
S PUTA/T KOTZE
Meeting date
Tuesday, November 14, 2023
Resolution
Approved
Date closed
Wednesday, November 15, 2023
Resolution details
RESOLVED UNANIMOUSLY that:
An administrative penalty in the amount of R200 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 5380, Goodwood in accordance with Annexure B.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reason 6.3, which is amended and added an additional reason 6.6 that reads as follows:
6.3. The gravity of the contraventions is regarded as severe as it involves the development of an additional 15 dwelling units on the property, highly visible from the streetscape, without the necessary health and safety checks associated with land use and building plan approvals. Furthermore, the contravention has deprived surrounding property owners of an opportunity to provide comment or objections. The unauthorised land use has also now resulted in a parking shortfall and building line contravention
6.6. The nature and scale of the contravention, the gravity there of, as well as the wilful conduct of the owner warrants a substantially higher penalty
FOR INFORMATION:
ACTION: S PUTA / T KOTZE