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MPT North Eastern

Agenda item no

MPTNE 19/10/2024

Subject

APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 3053, GOODWOOD, 23 ANDERSON STREET, TOWNSEND ESTATE. CASE ID: 1500119040 I MUSA/T KOTZE

Meeting date

Tuesday, October 08, 2024

Resolution

Approved

Date closed

Wednesday, October 09, 2024

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R430 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 3053 Goodwood.

REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report except reason 6.2, which is amended and added an additional reason:

6.2. The gravity of the contravention is regarded as extremely serious. The owner unlawfully constructed additions on the property, converted the use to a boarding house which is not a use allowed on a Single Residential 1 zoned property. The boarding house exceeds the height restriction and encroaches common boundary building lines. The unauthorised building work on the property was undertaken without the necessary planning and building plan approvals being in place and the structures are of a habitable nature. This requires scrutiny of compliance with health and safety regulations. Furthermore the affected neighbours were not given an opportunity to comment or object to a land use application. A rezoning of the property to a zoning that permits a boarding house is required for the current use on the property for which broader advertising is required.

6.5. The panel regards this as an extremely serious contravention; including the Section 78 contravention (deliberately misleading council); the large extent of the contravention in terms of building work and land use; the health and safety risks associated with persons in 15 bedrooms without approval; and given the applicant is guilty of a previous similar contravention. All of the above factors combined warrants an increase in the penalty amount.
FOR INFORMATION:
ACTION: I MUSA / T KOTZE

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