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View MPT resolution details

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

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