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MPT South Eastern
Agenda item no
MPTSE 46/2/2017
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN RESPECT OF PORTION 17 OF STELLENBOSCH FARM 1154, SIR LOWRY'S PASS
ID: 70317733
J NEUBERT / J WILLIAMS
Meeting date
Tuesday, February 28, 2017
Resolution
Approved
Date closed
Monday, March 06, 2017
Resolution details
RESOLVED UNANIMOUSLY
That it be APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015, to impose an administrative penalty in the amount of R68 500.00 (rounded off), representing 10% of the sum of (i) the municipal valuation of the area that is used unlawfully and (ii) the value of the unlawful building work across the building line, on Portion 17 of Farm 1154, Sir Lowry’s Pass.
REASONS FOR DECISION:
1. This is a significant contravention that covers a large area.
2. It is a serious contravention of to the Development Management Scheme;
3. This is not the first offence of this kind and the owner is therefore aware of the legal requirements for such activities.
4. The Tribunal considers the unlawful conduct of the applicant to be purposeful and willful.
FOR INFORMATION:
ACTION: J NEUBERT / J WILLIAMS