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MPT South Western

Agenda item no

MPTSW 33/12/2016

Subject

APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN RESPECT OF ERF 139216 CAPE TOWN AT ATHLONE, 3 OASIS STREET, HAZENDAL/CASE ID:70315764 J DIDO/A MCCANN

Meeting date

Tuesday, December 13, 2016

Resolution

Approved

Date closed

Tuesday, January 10, 2017

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty of R 17 901.12 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 for Erf 139216 Cape Town at Athlone IS APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015, in accordance with plan attached as Annexure B.

REASONS FOR DECISION:

1. The property is being used for office purposes by Cape Medics, a private paramedic service, in contravention of the Municipal Planning By-Law, 2015.
2. The contravention is of medium duration and is low key.
3. The contravention is of low gravity since it does not pose any safety or health risks.
4. The property still appears to be residential and therefore has little to no impact on surrounding properties and the area.
5. The owner submitted an application to rectify the contravention once he became aware of the infringement, thus showing good faith.
6. The owner has not previously contravened the By-law or any other planning law.

ACTION: J Dido/A McCann

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