MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty of R 30 000.00 BE DETERMINED for the unauthorised ‘affordable rental flats’ in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6790, Klein Vlei, in line with the contravention plan attached as Annexure B.

b. An administrative penalty of R 60 000.00 BE DETERMINED for the unauthorised building work / flats in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6790, Klein Vlei, in line with the contravention plan attached as Annexure B.

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 6.1 as follows:

6.1 The duration of the contravention is 2 years, which is of long duration.

Correct numbering of 2nd 6.1 to be 6.2 and amend as follows:

6.2 The gravity of the contravention is extremely serious, as it involves habitable structures that accommodate a large number of people, which has been erected and occupied without any land use or building plan approvals. This poses a serious threat to the health and safety of occupiers, as well as to that of the surrounding property occupiers. This is especially considering the one building, with 8 windows, is erected less than 1.0m from the eastern common boundary line.

Correct numbering of reason 6.2 to be 6.3 and amend as follows:

6.3 The extent of the contravention is extremely large given the entire property is being used as affordable rental flats, with two blocks of flats with a combined extent of approximately 400m2. The building work contravention area has an extent of approximately 100m².

Correct numbering of 2nd 6.3 to be 6.5 and amend as follows:

6.5 It is the opinion of the Department’s opinion that the considering the nature, extent and number of contraventions, the conduct of the owner is considered to be willful and a clear disobedience to the law. The conduct of the owner can therefore not be condoned.

FOR INFORMATION: NZIMZNDE / DE KLERK