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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 17/2/2023

Subject

WARD 35: APPLICATION FOR DETERMINATION OF ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 12252 PHILIPPI, 5 NQU ROAD. CASE ID:70640697 N FLORIS/D DE KLERK

Meeting date

Tuesday, February 28, 2023

Resolution

Approved

Date closed

Friday, March 03, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
An administrative penalty of R 1 000.00 BE DETERMINED for the unauthorized building work in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 12252 Philippi

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

Amend reasons6.3 as follows:
6.3 The gravity is not considered to be serious, as the structure is not habitable. However, it is somewhat aggravated by the fact that the carport protrudes over the cadastral boundary and within Council’s own land, and that the building work occurred without an approved building plan.

Add new reasons6.6 as follows:
6.6 Because of the impact of the unauthorised building work on the streetscape and the conduct of the applicant, an increase in the penalty amount is warranted

FOR INFORMATION: FLORIS / DE KLERK



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