MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 30 725.00 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 58646 Cape Town at Lansdowne.

REASONS FOR DECISION:

1. The current office use and hairdresser operating on the property are both in contravention of the DMS
2. According to available evidence the duration of the contravention is relatively long.
3. The office use appears to have been in operation since 2005 in accordance with the approved building plan.
4. Available evidence suggests the hairdresser has already been operating in November 2013 despite the applicants claim that it started operating in 2014.
5. The gravity is not serious when considering the context and nature of the contravention.
6. The owner submitted an application to rectify the contravention once he became aware of the infringement, thus showing good faith.
7. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

ACTION: J Dido/A McCann