MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R6 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 886 Scarborough regarding the unauthorised second dwelling as shown on the plan drawn by Lisa Foale Architecture and Urban Design with drawing 101, revision 0, dated February 2024.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.5 which is amended as follows:

6.5. The applicant does not properly explain the conduct, but does make mention of applications for building plans and departures being submitted, but due to unforeseen circumstances the applications “lapsed”. However, the owners still went ahead with the construction of the second dwelling without obtaining planning approval. In this regard it must be noted that the applicant, who is a co-owner of the property, is an experienced architect and is knowledgeable about planning and building processes. The conduct of the owners cannot be condoned and warrants an increase in the penalty amount.

FOR INFORMATION:
ACTION: M SOLOMONS / P HOFFA