MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. an administrative penalty in the amount of R 12 729.97 IS APPROVED in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the 65m² office use on Erf 45998 Cape Town at Rondebosch.

REASONS FOR DECISION:

1. The ±65m² office use is unauthorized. The person operating the office does not reside on the property and the use is not a home occupation. The unauthorized use is in contravention of Item 21 of the Development Management Scheme.
2. The duration of the contravention has been approximately 16 months. The extent of the contravention is not large and amounts to 65m2. The gravity is moderately serious when considering the nature of the contravention and particularly the non-compliance with the Southern District Plan.
3. The owner has scaled down the operation and a family member now resides on the property. However, the operation of the business was not stopped and the use continues to be unauthorized.
4. The statements made by the applicant, who is a registered town planner, must be questioned as both the applicant and operator must have been aware of the home occupation requirements (after all they recognized that a temporary departure, as opposed to a home occupation, was, in fact, necessary). Furthermore, the application form for the temporary departure, that was signed by both the applicant and the owner/operator, stated that there was no unauthorized land use, but when an official questioned this telephonically, the applicant immediately acknowledged that the use was unauthorized.
5. As far as can be ascertained, the owner has not previously contravened planning laws on this property.

ACTION: M Slamat/P Hoffa