MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R50 000.00 BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 683 Chapmans Peak with regard to the unauthorised land use and building work on the property as per the plan drawn by PJ Camp with drawing title Administrative Penalty – Site Development Plan, revision A, dated May 2024.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reasons 6.2, 6.3 and 6.5 which are amended as follows:

6.2. The extent of the contravention is very large.
6.3. The duration of the contravention is very long.
6.5. The applicant has not fully explained the conduct of the owner / operator and states that the owner / operator needed additional income from the functions to assist with long term sustainability, but was aware of the conditions of approval. It is clear that the contravention was thus willful. Furthermore, if the functions have been operating for 10 years, as stated by the applicant, this would mean that the contravention occurred before the previous land use approval was granted in 2016. It is clear that the owner / operator had no intention of complying with the conditions of approval that were imposed by the Spatial Planning, Environment and Land Use Management Committee. These conditions were specifically imposed to reduce the impact of the guest accommodation establishment on the surrounding properties. The conduct of the owner cannot be condoned hence the increase in the penalty amount.

FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA