MPT South Western

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R10 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 705 Cape Road.


REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out below

6.1. The unauthorised building work relates to a main dwelling house and 2nd dwelling that contravenes Item 109 of the Development Management Scheme.
6.2. The gravity of the contravention is serious as both dwelling units are habitable spaces and has a knock on effect in that it has not received the necessary approvals.
6.3. Because of the very large extent of the contravention and the long duration the penalty is increased.
6.4. It appears from the motivation that the owner was not aware that approval was required. Notwithstanding this, the onus is on the property owner to establish the correct processes and therefore to ensure that the all building work is lawful. Therefore the owner’s conduct cannot be condoned.
6.5. As far as can be ascertained, the owners of the property have not previously contravened planning law.

FOR INFORMATION:
ACTION: F ABRAHAMS / J SAN GIORGIO