MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R100 000.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 81375 Cape Town at Heathfield, in accordance with plan no 81375-2015 drawn by K.C.T Design, dated March 2015.

REASONS FOR DECISION:

1. The illegal erection of 2 dwelling houses has been done in contravention of the Municipal Planning By-Law.
2. The duration of the contravention has been approximately 11 months. The extent of the contravention is large and amounts to 200m2 of building work and 2 completely unauthorised dwelling units. The gravity is serious when considering the nature of the contravention.
3. The owner was served with notices from the building inspector on 2015-11-11 and 2015-11-19 when the building was only at foundation level. Despite this, the owner continued to build and completed the building in 2016.
4. The owner, as a conveyancing attorney, is aware of the law and having been involved in a previous planning application on the property, is well aware of the need for both planning approval and building plan approval prior to commencing building work
5. The owner has previously contravened planning laws on this property.

ACTION: S LEE/P HOFFA