MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. A 2% administrative penalty of R 19 413.00 in terms of Section 129 of the Municipal Planning By-Law, for Erf 25089 Cape Town (Kensington), IS APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015.




REASONS FOR DECISION

1. Although a land use application has been submitted to rectify the unlawful use, the owner has been operating without relevant approval since 2011.
2. The nature and gravity of the contravention is considered serious as the activity utilizes the entire property and operates 3 separate business entities.
3. Although a land use application has been submitted to permit the
property to be used for shops, the owner continues to utilize the premises without approval.
4. The unlawful operation has not ceased when the owner became aware of the fact that the necessary approvals are not in place.
5. As far as it can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

ACTION: Q Samaai/ G September