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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 19/8/2024

Subject

APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 59273 CAPE TOWN AT LANSDOWNE, 26 HAY ROAD, CASE ID: 1500114539 F ABRAHAMS/J SAN GIORGIO

Meeting date

Tuesday, August 20, 2024

Resolution

Approved

Date closed

Thursday, August 22, 2024

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R4 000.00 for the land use contravention and R2000.00 for the building work BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 59273, in accordance with the plan attached as Annexure B.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.4 which is amended as follows:

6.4. The conversion of the outbuildings to a 2nd dwelling results in human occupation thereof. The contravention is however considered to be serious notwithstanding the fact that 2 of the outbuildings approved previously, were also approved for human occupation. The absence of having received land use and building plan approval has a knock on effect in that it has not received the necessary approvals. The structure is located behind the main dwelling and is not visible to passers-by. The contravention is aggravated by the fact that the use contravenes the title deed.

FOR INFORMATION:
ACTION: F ABRAHAMS / J SAN GIORGIO

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