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MPT South Eastern

Agenda item no

MPTSE 19/4/2017

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 IN RESPECT OF ERF 4322, 7 FREEZIA AVENUE, WESTRIDGE, SOMERSET WEST ID: 70337250 A ESAU / J WILLIAMS

Meeting date

Tuesday, April 25, 2017

Resolution

Approved

Date closed

Wednesday, April 26, 2017

Resolution details

RESOLVED UNANIMOUSLY

That an administrative penalty of 5% to the amount of R 1356. 00 for the unlawful carport and patio cover BE APPROVED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015 for the unlawful structures in respect of Erf 4322, 07 Freezia Avenue, Westridge, Somerset West


REASONS FOR DECISION:

1. As some of the unlawful structures was constructed by the previous owner (additions to dwelling), the current owner is only responsible for the shade port and patio constructed as he is responsible for this;
2. The current owner acted in good faith and submitted the administrative penalty application and land use application to regularize the unlawful structures;
3. The structure is not contentious and has minimal impact;
4. The contravention that the current owner is responsible for is a mere 28.292m2 in extent;
5. The duration of the contravention is approximately 2-3 years.

FOR INFORMATION:
ACTION: A ESAU / J WILLIAMS

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