MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED:

a. That an administrative penalty in the amount of 10% or R40 316,00 BE APPROVED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorized use on Erf 19716, Somerset West

b. That an administrative penalty in the amount of 1% or R649,00 BE APPROVED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorized use encroaching the street building line on Erf 19716, Somerset West




REASONS FOR DECISION:

1. Even though it can be argued that there may be extenuating circumstances regarding the future planning of this section of Lourensford Road, this still does not obviate the owner from ensuring that the correct land use rights are in place.
2. The owner has had sufficient time to prepare the required application and has been advised accordingly on a number of occasions by City officials. There thus is no substantiated justification for the continued unauthorized use, in this regard the conduct of the applicant has been highly unsatisfactory.
3. Only a small portion of the existing building encroaches the street building line on Parel Vallei Avenue and the conversion thereof to offices does not involve any new building work. A minimal penalty thus is justified.

FOR INFORMATION:
ACTION: G WAGNER / J WILLIAMS