MPT North Western

Resolution details

UNANIMOUSLY RESOLVED

a) That a 1.5% administrative penalty in the amount of R 5 993.00 IS APPROVED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 59, Parklands, for the unauthorised land use (Early Childhood Development Centre).

REASONS FOR DECISION

1 No extenuating circumstances existed that warranted the unlawful use the building.
2 The subject property was purchased purely with the intention of operating an ECD without doing any due diligence in terms of the permitted uses.
3 The fact that the property has been used for an ECD for a very limited time and given the cooperation given by the applicant is considered mitigating factors for imposing a lesser penalty.

ACTION: J Smit / E Marais