MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 6 641.34 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 70129 Cape Town, in relation to the use of approximately 114m2 portion of the building for office and counselling space for a drug and alcohol rehabilittaion centre


REASONS FOR DECISION

1. The use of the portion of the property for office and counselling space for the drug and alcohol rehabilitation centre is in contravention of Item 40 of the Development Management Scheme
2. The property owner intentionally has not started operating the proposed drug and alcohol rehabilitation centre (in the form applied for) until the land use approval has been issued
3. The duration of the contravention is short, as according to the applicant, the office and counselling space for the drug and alcohol rehabilitation centre have only been in operation since June 2016. The land use application was submitted on 23 March 2016
4. The gravity of the contravention is not serious
5. The extent of the contravention is relatively small as only a relatively small portion of the building is being used for office and counselling space for the drug and alcohol rehabilitation centre
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: C Goslet/P Hoffa