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MPT South Eastern
Agenda item no
MPTSE 17/4/2024
Subject
APPLICATION FOR THE DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF SECTION 42(R) THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 16080 MITCHELLS PLAIN, 90 MIAMI CLOSE, PORTLAND. CASE ID:1500117289
S NZIMANDE/D DE KLERK
Meeting date
Tuesday, April 30, 2024
Resolution
Approved
Date closed
Wednesday, June 05, 2024
Resolution details
UNANIMOUSLY RESOLVED that:
An administrative penalty of R 1 500.00 (R 1 000.00 for the unauthorised building work and R 500.00 for the unauthorised house shop) BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 16080, Mitchells Plain
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:
Correct reason 6.3 as follows:
6.3 The extent of the contravention in relation to the house shop is 24m2 (12.9% of the site extent), and 22m2 (11.9%) for the building work contravention. In total, the area of contravention is fairly large.
Amend reason 6.4 as follows:
6.4 The unauthorised land use has ceased. The conduct of the owner is considered to be negligent (rather than willful) and an expeditious attempt is made to rectify the unlawful conduct by following the necessary planning processes; hence the reduction in the penalty amount
FOR INFORMATION: NZIMANDE / DE KLERK