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MPT South Western
Agenda item no
MPTSW 11/11/2016
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW,2015 (MPBL) IN RESPECT OF ERF 167084 CAPE TOWN AT RONDEBOSCH EAST, 54 AYRSHIRE STREET/CASE NO:70310993
K PATTEN/A McCANN
Meeting date
Tuesday, November 08, 2016
Resolution
Approved
Date closed
Friday, November 18, 2016
Resolution details
a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty equal to approximately 1% (R 5 280.00) of the value of the unauthorised land use.
REASONS FOR DECISION
1. The applicant deviated from the approved building plan by changing the land use from a dwelling (portion thereof) and second dwelling to a guest house.
2. The guest house has been operating for 7 years and the owner has not ceased operating the business.
3. The guest house is a relatively low key operation and the gravity of the contravention is not considered severe.
4. The operator was in contravention of the Development Management Scheme when operating a Guest House without Consent from the Council.
5. As far as can be ascertained, the owner has not previously contravened this By-Law or any other planning law.
ACTION BY: K PATTEN/A MCCANN
