MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R50 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 288 Constantia in accordance with the plans drawn by Jane Boardman-Smith Architect with drawing numbers 288.2 (revision 1, dated December 2023) and 288.3 (revision 0, dated December 2023).

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.5 which is amended as follows:

6.5. The applicant’s explanation of the contraventions is disingenuous as the unauthorized building work was completed before the required land use application was even submitted. Furthermore, it is clear from the applicant’s motivation that the owners were well aware of the requirement for Council’s approval (having recently obtained approval for other building work on the property). It is thus clear that the unlawful conduct was willful. In addition, the applicant made a misrepresentation to the City and omitted relevant information, in contravention of Section 78 of the Municipal Planning By-Law, 2015. The conduct of the owners cannot be condoned and warrants an increase in the penalty amount.

FOR INFORMATION:
ACTION: A BAILEY/ P HOFFA