MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 10 000.00 IS APPROVED in
terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of remainder erf 66819 Cape Town, in relation to the use of the entrie property for a clinic

REASONS FOR DECISION:

1. The clinic is unauthorized as the whole property is being used for this purpose
2. The nature of the contravention relates to a clinic, which is a consent use in General Residential subzone GR2
3. The duration of the contravention is short as, according to the applicant, the clinic has only been in operation since May 2016. The land use application to regularize the use was submitted on 30 June 2016
4. The gravity of the contravention is not serious
5. The extent of the contravention is large as the whole property is being used for the clinic. Although the site development plan shows, inter alia, an office, treatment room, consulting room and facial room, according to the applicant, only 1 doctor operates from the property
6. The property owner appeared to be aware of the contravention, but went ahead anyway. However, this is mitigated by the application to regularize the clinic one month after starting to operate
7. 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: F Abrahams/P Hoffa