MPT South Western

Resolution details

RESOLVED

That an administrative penalty in the amount of R25 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erven 14077, 14078 & 14080 Constantia with regard to the unauthorised riding stables and related unauthorised building work as per the plans drawn by Philip Briel, Job No MCN01-2018 dated September 2019.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the planner’s report except reasons 6.2, 6.6 and 6.7 which are amended as follows:

6.2. The gravity of the contravention is not serious. Although The current zoning of the property does not permit the operation of riding stables, stables are part of the character of this area, most of which are private stables that are outbuildings to a dwelling house. The impact of riding stables, which has a commercial component, is not significant.
6.6. It should also be noted that the applicant did substantial additions / alterations to the property that are directly related to the riding stables without building plan approval. The building plan for the hay barn referred to by the applicant was submitted after the building work was already completed. It is inconceivable that the owner would not have known that such extensive building work did not require the approval of building plans prior to carrying out the work. The owner’s conduct cannot be condoned.
6.7. It is also clear from the above that the applicant has substantially under represented the extent of the unauthorized building work relating to the riding stables and has presented a factually flawed explanation of how the maximum administrative penalty should be calculated. The applicant has also made incorrect statements regarding the value of the unauthorized building work. This is a contravention of Section 78 of the MPBL.

FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA