MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:
An administrative penalty of R 500 000.00 BE DETERMINED for the unauthorised land use (boarding house) and R 100 000.00 BE DETERMINED for the unauthorised building work (portions of rental boarding rooms) in respect of Erf 2278, Milnerton

REASONS FOR DECISION
The MPT APPROVED the application for the reason set out in the Planner’s Report and agreed to amend the reasons as follows:

6.1. The contravention entails the use of the subject property as a boarding house accommodating seventeen (17) rental boarding rooms and unauthorised building work. The unauthorised use is not permitted in terms of the single residential 1 (SR1) zoning. It’s compatibility within the immediate SR1 context has thus not been assessed.
6.2. The buildings are habitable and no assessment was made in respect of the impact on adjoining neighbours or the safety thereof. Moreover, the service departments have not confirmed the impact and availability of service capacity to accommodate the additional residential use. The gravity is therefore considered to be extremely serious.
6.3. The property owner’s initial submission for the determination of an administrative penalty did not reflect the full spectrum of unauthorised work undertaken on the subject property. This initial misrepresentation of information does not show good faith and contravenes Section 78 of the Municipal Planning By-Law and cannot be condoned.
6.4. The contravention is considered to be extremely large in nature and extent: 991m² (the full extent of the property constitutes as the land use contravention) and 68.4m2 (approximate building work contravention).
6.5. The property owner of the subject property also owns other properties within the Milnerton township, where similar land use contraventions are presently taking place. The conduct of the property owner is considered to be one that demonstrates complete, wilful and blatant disregard for obtaining required land use and building plan approvals, prior to commencing land use and building work activities. For the above reasons, this panel is of the view that a much higher penalty is warranted for the unauthorised land use and building work

Add new reasons as follows:
6.6. The unauthorised activity on the property is also in contravention of a condition in the title deed of the property
6.7. The department had to resort to legal action in order to gain access to the property

FOR INFORMATION: HLANGWENI / ALLIE