MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R10 000.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 4683 Constantia, in accordance with plan no LUM/16/4683 -1&2.

REASONS FOR DECISION

1. The use of a portion of the property for the animal crèche facility is in contravention of the Municipal Planning By-Law, 2015. No proof can be found of a land use approval for the veterinary clinic (and associated cattery), and it must be assumed that this is also in contravention of the Municipal Planning By-Law, 2015.
2. The applicant relies on the argument that the previous vet has passed away and it is unknown what approvals may have been obtained. While this may possibly be the case, this same argument cannot be made with regard to the animal crèche.
3. The nature of the contravention is relatively low key given the particular context along the Main Road, and the gravity is not serious, although the scale of the animal crèche is relatively large as it accommodates 40–50 dogs per day.
4. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any previous planning law.


ACTION BY: M WALKER/P HOFFA