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MPT South Western
Agenda item no
MPTSW 21/12/2016
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 743 NOORDHOEK, 1 BEAU ART LANE/CASE ID:70327846
M WALKER/P HOFFA
Meeting date
Tuesday, December 13, 2016
Resolution
Approved
Date closed
Tuesday, January 10, 2017
Resolution details
UNANIMOUSLY RESOLVED that:
a. An administrative penalty in the amount of R 0.00 IS APPROVED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law 2015, in respect of Erf 743 Noordhoek, for the stables in accordance with plan LUM/76/743
REASONS FOR DECISION
1. Approximately 8.61m2 is used for stabling in contravention of Item 113(c) of the Municipal Planning By-Law
2. The stables were constructed sometime before 2005 and thus the duration of the contravention is long
3. The extent of the contravention is small given the large extent of the property
4. The gravity of the contravention is not serious given the contravention has little, if any, impact on the neighbouring properties and no impact on the character of the area
5. It would appear that the contraventions were not deliberate on the part of the current owner. The stables were built prior to the current owner taking transfer of the property
6. 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