MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES an administrative penalty in the amount of R 11 250.00 in terms of Section 129 of the Municipal Planning By-Law, 2015, for Erf 167911 Cape Town at Plumstead, for the use of the property for business purposes (offices and the sale of building materials).

REASONS FOR DECISION

1. The entire property is being used for business purposes (offices and the use of building materials) in contravention of the Municipal Planning By-law, 2015.
2. The duration of the contravention is long (36 months), the gravity of the contravention is not serious (noting that the use of the property for business is in accordance with the Main Road Growth Management Strategy) and the extent of the contravention is large given that the entire property is used for business purposes.
3. The owner appears to have been aware that an application for rezoning would be required but still rented the property out for business purposes. They only submitted the rezoning application after a notice was served on them by a property inspector.
4. As far as can be ascertained, the person involved in the contravention has not previously contravened this By-Law or any other planning law.


ACTION BY: C GOSLETT/P HOFFA