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MPT South Eastern
Agenda item no
MPTSE 11/2/2023
Subject
APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 326, EERSTE RIVER, 25 MYRA STREET. CASE ID:70637622
A MAGAQANA/D DE KLERK
Meeting date
Tuesday, February 28, 2023
Resolution
Approved
Date closed
Wednesday, April 12, 2023
Resolution details
RESOLVED by 3 votes to 2 that:
An administrative penalty of R 2 000.00 BE DETERMINED for the unauthorized land use in terms of section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015, in respect of Erf 326, Eerste River, 25 Myra Street.
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:
6.2 The gravity of the contravention is moderately serious, as the garage has not been assessed as a habitable structure in terms of building and fire safety.
6.5 The operator took a year to submit an application for the determination of an administrative penalty; they were aware of the requirement and did not submit an application prior to construction, hence the increase in the penalty amount.
FOR INFORMATION: MAGAQANA / DE KLERK