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MPT South Western
Agenda item no
MPTSW 42/12/2016
Subject
APPLICATION FOR DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 161794, 20 ST. SWITHIN ROAD, SEAWINDS/CASE ID:70306826
J FULLARD/A MCCANN
Meeting date
Tuesday, December 13, 2016
Resolution
Approved
Date closed
Tuesday, January 10, 2017
Resolution details
UNANIMOUSLY RESOLVED that:
a. An administrative penalty of R 2 448.00 in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 for Erf 161794 Cape Town at Retreat IS APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015, in accordance with plan attached as Annexure B.
REASONS FOR DECISION:
1. A portion of the carport (±24m2) is in contravention of the Cape Town Municipal Planning By-Law, 2015;
2. The contravention is of low gravity since it does not pose any safety or health risk;
3. The nature of the contravention is low key and the extent is minor;
4. There is no evidence that the owner has previously contravened the By-law;
5. However the owner provided incorrect information regarding his role in the contravention;
6. The owner has not submitted an application to rectify the contravention;
7. The contravention has a relatively long duration of duration of ±10 years.
ACTION BY: J Fullard/A McCann
