MPT South Eastern

Resolution details

RESOLVED by 4 votes to 1 that:
An administrative penalty of R 150 000.00 BE DETERMINED for the unauthorised land use and bulding work in terms of Item 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 194 Mandalay.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:

Amend reason 6.3 as follows:
6.3 The land use and building work contravention has been in existence for a long duration (2 years).

Amend reason 6.5 as follows:
6.5 The owner’s conduct demonstrates a flagrant disregard for the relevant statutory processes and their requirements. The owner was fully aware from an early stage in the process that flats were not permitted in terms of the property’s zoning, yet chose to proceed with construction (without the necessary approvals), despite having an approved building plan for uses that are ordinarily permitted within Single Residential Zone 1. The conduct of the owner cannot be condoned and together with the large extent and serious gravity of the contravention, a larger penalty is warranted. This is despite the mitigation of the flats not being occupied.

Add reason 6.6 as follows:
6.6 The applicant’s submission that ‘the owner was unaware that he had to obtain an approved building plan for the extensions from the City of Cape Town’ is completely lacking in credibility.

Add reason 6.7 as follows:
6.7 The block of flats would require a rezoning from the existing Single Residential 1 (SR1) zoning, which is seen as an aggravating factor to the unauthorised use

FOR INFORMATION: FLORIS / DE KLERK