MPT South Eastern

Resolution details

RESOLVED UNANIMOUSLY

a. That an administrative penalty of 50% in the amount of R72 463,16 BE APPROVED in terms of section 98 of the City of Cape Town Municipal Planning By-Law, 2015, in respect of the unauthorised land use (storage containers) on Portion 52 of Farm Gustrouw 918.

b. That an administrative penalty of 10% in the amount of R27 740,20 BE APPROVED in terms of section 98 of the City of Cape Town Municipal Planning By-Law, 2015, in respect of the unauthorised structures (steel sheds and storage containers) encroaching the 5m building lines on Portion 52 of Farm Gustrouw 918.

REASONS FOR DECISION:

1. The owner has a long and contentious history of continuously operating businesses in contravention of the property’s zoning and ignoring previous land use contravention notices. These businesses have proven detrimental to the area’s character and are inconsistent with policy.
2. As much as the current business may have changed to a relatively more low-impact storage activity, the owner’s past conduct cannot be ignored and this administrative penalty application should not be viewed in isolation.
3. The applicant did not provide any plausible motivation for the unauthorised activity.


FOR INFORMATION:
ACTION: G WAGNER / J WILLIAMS