MPT South Western

Resolution details

RESOLVED

a. That an administrative penalty in the amount of R50 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised land use on Erf 66679 Cape Town at Wynberg, in relation to the office use.
b. That an administrative penalty in the amount of R0 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of the unauthorised building work on Erf 66679 Cape Town at Wynberg, for the external alterations to the building as indicated on the plan drawn by Olden and Associates with drawing number OA 1515-2, Revision 1, dated August 2018, prepared by Olden & Associates.


REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out below:

1. The unauthorised building work was undertaken by a previous owner
2. The extent of the land use contravention is large since the overall vision for the area is that it should remain predominantly residential
3. The gravity of the unauthorised land use is very serious. The village, which is very significant in terms of heritage, is at the tipping point in terms of proportion of residential and non-residential land uses. This balance is critical to retain, and unauthorized changes of land uses in this particular area is very problematic and serious.
4. The conduct of the owner is unacceptable and cannot be condoned.
5. The duration of the land use contravention is since September 2016.
6. As far as can be ascertained, the owner of the property has not previously contravened the Municipal Planning By-Law, 2015 or any other planning law.

FOR INFORMATION:
ACTION: P EVARD / P HOFFA