MPT North Western

Resolution details

RESOLVED by 3 vote to 2 that:
An administrative penalty of R 10 600.00 BE DETERMINED for the unauthorised building work in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Cape Farm 152, Portion 7 at 26 Klein Vissershok Weg Cape Farms


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

6.1 The conduct of the property owner in initially trying to mislead officials was in bad faith. Additionally, the applicant’s conduct is regarded as being negligent.
6.2 The extent of the contravention area is 20m2 which is small in relation to the total extent of the subject property, 0.05% of the property extent.
6.3 The gravity of the unauthorised building work contravention is considered as serious since it raises health and safety concerns related to staff accommodation in particular, which is a habitable space. The property owner was aware of municipal approvals being required as they submitted building plans for the building work.
6.4 The duration of the contravention for the unauthorised building work is approximately over 1.5 years, which is relatively long.

FOR INFORMATION: PRINS / ALLIE