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MPT North Eastern

Agenda item no

MPTNE 28/5/2019

Subject

APPLICATION FOR THE DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 7650, BELLVILLE, 3 DE LANGE STREET ID: 70449232 B ABAY / T KOTZE

Meeting date

Tuesday, May 14, 2019

Resolution

Approved

Date closed

Friday, May 17, 2019

Resolution details

RESOLVED UNANIMOUSLY

a. That an administrative penalty in the amount of R61 000.00 BE DETERMINED for the unauthorized uses in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 7650, Bellville, in accordance with site plan attached as Annexure B.

b. That an administrative penalty in the amount of R14 000.00 BE DETERMINED for the unauthorized building work (105m²) in terms of section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 7650, Bellville.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report

1. The extent of the unauthorized activity is very large, as the entire property is utilized for a number of business purposes.
2. Given limited on-site parking and the current access arrangement, the unauthorised activity and structures are likely to impact negatively on traffic and pedestrian safety in the area; the gravity is deemed to be serious
3. The applicant has been operating the unauthorized businesses from the property for 2 years.
4. The owner has a record of previous serious contraventions of the By-Law.
5. Notwithstanding the notices that was served on the applicant he continued with the operation of the businesses
6. The applicant’s motivation that: “this is my first time” is misleading.

FOR INFORMATION:
ACTION: B ABAY / T KOTZE

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