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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 25/12/2016

Subject

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LALW, 2015 (MPBL): ERF 121449 RETREAT, 39 ENSOR STREET, CAFDA/CASE ID:70319740 C GOSLETT/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 1 000.00 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015, in respect of Erf 121449 Cape Town at Retreat, for the Early Childhood Development centre as per the plan attached as Annexure C

REASONS FOR DECISION:
1. Building work was done and a condition of approval was not complied with, in contravention of the Municipal Planning By-Law 2015
2. The duration of the contravention is relatively long (18 months)
3. The extent of the contravention is relatively large in relation to the size of the property. The gravity of the contravention is not serious as consent was granted in 2013 for the place of instruction. Furthermore, the required residential component is still being retained
4. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any previous planning law.

ACTION: C Goslet/P Hoffa

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