MPT South Western

Resolution details

a) The Municipal Planning Tribunal South-western Panel APPROVES An administrative penalty in the amount of R4200.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 168243 Cape Town at Wynberg, in accordance with drawing no C-1003 Revision A drawn by Rennie Schurr Adendorff Architects, dated 2016-02-03.

REASONS FOR DECISION:

1. A boundary wall has been erected in contravention of the Municipal Planning By-Law, 2015.
2. The extent of the contravention is relatively large in that it relates to the entire street frontage along Moore Street.
3. The gravity is serious in that street boundary walls form a critical component of development in Heritage Protection Overlay Zones.
4. The property owner appears to have been aware of the contravention but went ahead anyway. This is particularly important in light of the fact that that the issue of the boundary wall has already been highlighted in 2013 when the previous application was being processed, and there was clearly discussions prior to the formal application being submitted in 2016. The owner was already aware of the need for planning approval, having previously been through a lengthy and complex land use process relating to the dwelling house.
5. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

ACTION: S LEE/P HOFFA