MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R0 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Remainder Erf 51299 Cape Town at Claremont, in relation to the use of the property for an institution for a children’s welfare facility.

REASONS FOR DECISION:

1. The administrative penalty is required for the 3 extra children residing on the
property, beyond the definition of ‘family’.
2. Although, the duration of the contravention has been long, the nature of the
contravention is low key and the gravity is not serious.
3. It appears that as soon as the owner became aware of the land use
contravention, they submitted application to regularize the land use.
4. As far as can be ascertained, the owner of the property has not previously
contravened this By-Law or any other planning law.
5. Given the above, together with the nature of the institution (i.e. low key,
residential type on a very large property) and fact that the facility is owned and operated by a non-profit organization that performs an essential social service the minimum administrative penalty (i.e. R0) is appropriate.
6. The organisation gains no financial benefit from the contravention’

ACTION: S LEE/P HOFFA