MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 5 000.00 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Cape Farm 1434 in relation to the coverage contravention of 1585.5m2.
REASONS FOR DECISION:

1 The contravention of the coverage condition by (±1585.5m2) is in contravention of the MPBL. This relates to the unlawful construction of sunrooms, covered drying yards and a covered walkway.
2 The additions do not have an adverse impact on views from outside the complex.
3 The estimated extent of unlawful coverage is a relatively small increase considering the total size of the property and amounts to ±1% of the total site area.
4 The gravity of the contravention is not serious.
5 The purpose of the structures (retirement scheme) is consistent with the land use approval granted for the property, and development rules such as building lines and height are not contravened.
6 The unlawful development occurred under the current owner, but the management appears to have changed over the years. It appears that once the current management became aware of the building plan and land use issues, they initiated steps to correct this.
7 There is no evidence of previous contraventions.

ACTION BY: F Currie/P Hoffa