MPT North Eastern

Resolution details

RESOLVED

That an administrative penalty in the amount of R 20 000.00 BE APPROVED in terms of Section 129(1) of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Portion 390 of Farm 728 , Paarl Farms, in accordance with the Site Layout Plan attached as Annexure B.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report.

1. The operator has been operating illegally for the past 15 years.
2. The applicant’s motivation that he/she perceived the land use rights to be in place, is not credible. No evidence was supplied by the operator to justify such incorrect perception.
3. The duration of the contravention is considered to be very long, and the land use also contravened a previous planning law and zoning scheme.
4. The operator only applied for the administrative penalty 2 years after receiving a notice to comply with the Bylaw.
5. The operator did not cease operation, even after the above notice instructed the operator to cease operation in February 2016.
6. The contravention is considered to be a nuisance in the rural context of the property and complaints have been lodged.

FOR INFORMATION:
ACTION: R SNYMAN / S VAN RENSBURG