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