MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
a. An administrative penalty in the amount of R 45 000.00 BE DETERMINED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised use of a school on Rem Stellenbosch Farm 741

b. An administrative penalty in the amount of R 16 000.00 BE DETERMINED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised school buildings encroaching the 30m building line on Rem Stellenbosch Farm 741

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

Add 6.5
The contravention is considered to be extensive and of long duration

Add 6.6
The gravity of the contravention is considered to be severe.

Amend 6.4
There are no mitigating factors to excuse the operator’s conduct. A number of meetings were held with officials and the operator since 2010 to no avail. Therefore, there are more than sufficient grounds to impose high administrative penalty amounts for both the unauthorised land use and building work.

FOR INFORMATION: WAGNER / WILLIAMS