MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. An administrative penalty in the amount of R 50 866.50 (± 10%) IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015, in respect of Erf 177699 (unregistered consolidation of Remainder Erf 88684 and Erf 88685) Cape Town at St James.

REASONS FOR DECISION:

1. Although a land use application relating to the proposed alterations and additions to the dwelling house on the property was approved, the owner then deviated from the approved building plans during construction. This is in contravention of the Municipal Planning By-Law, 2015, and specifically Item 162 of the Development Management Scheme.
2. The overall built form and massing of the dwelling house on the property is very similar to that which was previously approved and the gravity of the contravention is considered to be serious.
3. Given that the dwelling house on the property is older than 60 years, is situated within a Heritage Protection Overlay Zone, and is in a visually prominent position on Main Road, deviations relating to the architectural design of elements of the dwelling house is not insignificant.
4. The extent of the contraventions are significant in that numerous unauthorised changes were made, widely spread across the property.
5. Given that the applicant is a registered built environment professional, it is likely that the applicant would have been aware that deviating from the approved building plans amounted to a contravention of planning law.
6. The owner was made aware of the need for the administrative penalty application in April 2016 but only submitted it in November 2016.
7. The applicant and the owner have shown a disregard for the MPBL and Council’s planning process. It reflects an attitude of disregarding the approval and submitting a rider plan later to attend to the unauthorised work. It appears that the efforts to proceed with the process are largely driven by a prospective purchaser requiring that the building plans get approved prior to transfer of the property.
8. As far as can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

ACTION: C Davies/P Hoffa