MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 97 372.22 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 1043 Constantia, relating to ±362m2 of unauthorised restaurant, wine tasting and conference facility use and ±170m2 of related unauthorised building work.

REASONS FOR DECISION:

1 The illegal conversion and extension of the “recreational pavilion” and the construction of the ablution block and conference venue has been done in contravention of the Municipal Planning By-Law, 2015.
2 The gravity of the contravention is serious.



3 Although the extent of unauthorized use ±362m2 occupies only ±0.17% of the total farm, the area in square meters is significant. The extent of unauthorized building work relating to the unauthorized comprises 170m2, which is a significant area of unauthorized building work.
4 The unauthorised structures have been built by the current owner. It is difficult to believe that the owner did not know that building plans and planning permission were required (particularly having been through building plan processes).
5 There is no evidence of previous contraventions.

ACTION: F Currie/P Hoffa