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MPT South Western

Agenda item no

MPTSW 20/12/2016

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 2378 HOUT BAY, 44 FISHERMAN'S BEND LLANDUDNO/CASE ID:70321265 M WALKER/P HOFFA

Meeting date

Tuesday, December 13, 2016

Resolution

Approved

Date closed

Tuesday, January 10, 2017

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 10 499.50 IS APPROVED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law 2015, in respect of Erf 2378 Hout Bay, in accordance with plan LUM/33/2378.

REASONS FOR DECISION

1. The building work of 41.5m2 is in contravention of Item 22 of the Municipal Planning By-Law 2015
2. The contraventions have little impact on the neighbouring properties and no impact on the character of the area
3. Although the owner may not have been aware that a land use application was necessary, it is difficult to believe that she was not aware that it was necessary to get building plan approval before making changes to the building. Had the building plan approval process been initiated, it would have quickly come to light that a land use application was necessary. This was only submitted on 11 August 2015, approximately 2 years after completion of the building work
4. The gravity is not serious
5. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any previous planning law.

ACTION BY: M Walker/P Hoffa

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