MPT South Eastern

Resolution details

RESOLVED

a. That an administrative penalty of 5% in the amount of R24 588,82 BE APPROVED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised land use (school campus) on Portion 30 of Farm Gustrouw 918.

b. That an administrative penalty of 5% in the amount of R23 612.29 PPROVED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised structures encroaching the 5m building lines on Portion 30 of Farm Gustrouw 918.







REASONS FOR DECISION:

1. As much as the school campus may have been operating from the property without the required approvals for quite some time, it provides a valuable community service and it thus is not seen to be in the greater community interest to penalise this activity too harshly. A 5% administrative penalty amount thus is seen to be appropriate.
2. The structures within the building lines are of relatively limited extent and consequence, with the result that a 2% administrative penalty is seen to be justified.
3. The difficulties in establishing the school campus are acknowledged and can be regarded as valid, mitigating circumstances.
4. For health and Safety reasons, it is imperative that institutes of this nature are properly authorised.

FOR INFORMATION:
ACTION: G WAGNER / J WILLIAMS