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MPT North Eastern
Agenda item no
MPTNE 10/9/2024
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN
MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF PORTION 45 OF CAPE FARM
159, MEERENDAL, 40 WESTERDALE ROAD WESTERDALE SMALLHOLDINGS. CASE ID: 1500125817
A SMIT/E MARAIS
Meeting date
Tuesday, September 10, 2024
Resolution
Approved
Date closed
Thursday, September 12, 2024
Resolution details
RESOLVED UNANIMOUSLY that:
a. An administrative penalty in the amount of R 2 000 BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised building work on Portion 45 of Cape Farm 159, Westerdale in accordance with plan attached as Annexure B, and such penalty be approved in terms of seciton 98(b) of the said By-Law.
b. An administrative penalty in the amount of R6 000.00 BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised land use on Portion 45 of Cape Farm 159, Westerdale in accordance with plan attached as Annexure B, and such penalty be approved in terms of seciton 98(b) of the said By-Law.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report and added an additional reason that reads as follows:
6.7. Notwithstanding the relative low gravity of the contravention the long duration and the wilful conduct of the owner warrants a higher penalty.
FOR INFORMATION:
ACTION: A SMIT / E MARAIS