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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 19/11/2023

Subject

WARD 96: APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 3154, 15 LENTE ROAD, MONTCLAIR, MANDALAY. CASE ID:1500107401 J VAN DER BYL/D DE KLERK

Meeting date

Tuesday, November 28, 2023

Resolution

Approved

Date closed

Friday, December 01, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
An administrative penalty of R 4 000.00 BE DETERMINED for the unauthorised land use and an administrative penalty of R 500.00 BE DETERMINED for the unauthorised building line contravention in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015, in respect of Erf 3154 Mandalay.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend reason 6.3 as follows:

6.3 The gravity of the contravention is very serious given the nature of the use (i.e. relating to the care of 52 children). The lack of zoning compliance means that no other approvals, including the required approvals in terms of City Health, Fire and Child Care Act, have been issued – hence the increase in the penalty amount

FOR INFORMATION: VAN DER BYL / DE KLERK

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