MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty of R40 000, in terms of Section 129 of the Municipal Planning By-Law, 2015, for Remainder Erf 12915 Constantia, in terms of Section 98 of the Municipal Planning By-Law, 2015.

REASONS FOR DECISION

1. The property is being used for the purpose of a guest house in contravention of the Municipal Planning By-law, 2015.
2. The nature of the contravention is relatively low key, duration of the contravention is relatively long (17 months), the gravity of the contravention is not serious and the extent of the contravention is large given that the entire property is used as a guest house.
3. According to the applicant, the owners comply with all laws relating to guest accommodation facilities. This statement must be questioned. The current owner (which owns a number of guest houses and has been though planning processes on a number of occasions) cannot claim that they were unaware of the need for planning approval once the 2nd temporary departure had lapsed. There was a time period of 15 months between the lapsing of the 2nd temporary departure and the submission of the current application.
4. The current owner (which owns a number of guest houses and has been though planning processes on a number of occasions) cannot claim that they were unaware of the need for planning approval once the 2nd temporary departure had lapsed. There was a time period of 15 months between the lapsing of the 2nd temporary departure and the submission of the current application. To date the guest house has operated for 17 months since the previous temporary departure lapsed.
5. The owner of the property has previously contravened this By-Law and a previous planning law, both in terms of this property and another property (Erf 3523 Kommetjie).

ACTION BY: C GOSLETT/P HOFFA