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View MPT resolution details

MPT North Eastern

Agenda item no

MPTNE 7/6/2024

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF FARM NO 221 PORTION 11, STELLENBOSCH RD, 1582 BOTFONTEIN ROAD, BOTFONTEIN SMALLHOLDINGS). CASE ID: 1500119842 L VAN BLERK/E MARAIS

Meeting date

Tuesday, June 11, 2024

Resolution

Approved

Date closed

Wednesday, June 12, 2024

Resolution details

RESOLVED UNANIMOUSLY that:

a. An administrative penalty in the amount of R 47 500 BE DETERMINED in terms of section 129(7)(b) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of Farm 221 Portion 11, Stellenbosch Road in accordance with plan no 3 dated April 2024 Drawn by Urban Dynamics for the unauthorised use (self-storage units) and the penalty be approved in terms of section 98(b) of the said By-Law; and

b. An administrative penalty in the amount of R 69 000 BE DETERMINED in terms of section 129(7)(a) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) in respect of Farm 221 Portion 11, Stellenbosch Road in accordance with plan no 3 dated April 2024 Drawn by Urban Dynamics, for the unauthorised building work (self-storage units) and the penalty be approved in terms of section 98(b) of the said By-Law.

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

6.2. With an extent of 2.01 hectare the unauthorised land use is extensive.
6.6. The applicant’s assertion that this development would align with the draft Botfontein development framework is not only incorrect but is willful conduct and warrants a higher penalty.
FOR INFORMATION:
ACTION: L VAN BLERK / E MARAIS

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