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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 11/11/2024

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 40792, 39 ANNA MARIE DRIVE, BEACON VALLEY, MITCHELLS PLAIN. CASE ID:1500116291 D DYIBA/D DE KLERK

Meeting date

Tuesday, November 26, 2024

Resolution

Approved

Date closed

Wednesday, December 04, 2024

Resolution details

UNANIMOUSLY RESOLVED that:
An administrative penalty of R 2 000.00 BE DETERMINED for the unauthorised land use in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 (as amended) on Erf 40792, Mitchells Plain, as indicated on the contravention plan attached as Annexure B.

REASONS FOR DECISION
The MPT APPROVED the application for the reason set out in the Planner’s Report and agreed to the following changes:

Amend reason 6.2 as follows:
6.2 The unauthorised land use has been operating for just over a year, which is short

Amend reason 6.5 as follows:
6.5 The applicant has taken the necessary steps to regularise the unauthorised land use activity.

Add reason 6.7 as follows:
6.7 The unauthorised land use relates to a house shop (habitable structure operating without consideration of fire and safety aspects) thereby putting the health and safety of the operators, patrons and the community at risk. The gravity is therefore regarded as serious.

FOR INFORMATION: DYIBA / DE KLERK

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