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MPT North Eastern
Agenda item no
MPTNE 26/3/2019
Subject
WARD 105: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERSM OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 IN RESPECT OF ERF 6811, DE DAM STREET, VIERLANDEN, DURBANVILLE
ID: 70390423
A SMIT / S V RENSBURG
Meeting date
Tuesday, March 12, 2019
Resolution
Approved
Date closed
Wednesday, March 13, 2019
Resolution details
RESOLVED UNANIMOUSLY
That an administrative penalty in the amount of a R1 000 for the unauthorized building work and R19 000 for the unauthorized land use BE DETERMINED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6811, Vierlanden, Durbanville.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons asset out below:
1. The impact is low in relation to the size of the property. Place of Instruction is accommodated on a 8 469m² property which has sufficient space to accommodate the structures and parking.
2. The extent of the transgression by having 44 children (total 57 children) is large and serious. The Place of Instruction is a consent use within the SR1 zoning and was approved for maximum 13 children during 2009.
3. The duration is long. The owners ignored the existing conditions of approval since 2012. They extended the scale of the Place of Instruction on numerous occasions without obtaining the relevant authorization for the use or structures encroaching the building line restrictions.
4. The unauthorized structures placed over the sewer servitude does not only impact on the Water and Sanitation department fulfilling their obligations to maintain and repair the municipal service, but potentially also impacts on the downstream owners.
5. The owner is attempting to rectify the contravention by applying for the determination of the administrative penalty and they indicated that a land use application is being prepared.
6. No previous transgression. There is no record or indication that the person involved has previously contravened the By-Law or other planning legislation in any other regard.
7. Gravity is considered to be significant as children are accommodated without the required NBR approval and Health and Fire clearance.
8. The applicant has failed to provide acceptable reasons why such a large institution is being managed without proper authorization.
FOR INFORMATION:
ACTION: A SMIT / S VAN RENSBURG
