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MPT South Western
Agenda item no
MPTSW 36/5/2019
Subject
WARD 71: APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 6970 CONSTANTIA, 141 ZWAANSWYK ROAD
ID: 70418329
P ABSOLON / P HOFFA
Meeting date
Tuesday, May 21, 2019
Resolution
Approved
Date closed
Thursday, May 23, 2019
Resolution details
RESOLVED UNANIMOUSLY
That an administrative penalty in the amount of R10 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 6970 Constantia with regard to the unauthorised building work as per the plans drawn by Kevin Gadd Architects cc, numbered 1409/CO/03 (Revision 00 dated 29/08/14), 1409/CO/01 (Revision 01 dated 14/07/2018), 1409/CO/02 (Revision 01 dated 14/07/2018), 1409/CO/05 (Revision 01 dated 029/06/16), 1409/CO/04 (Revision 00 dated 29/08/14).
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the Planner’s report, except reason 6.5 which is amended and split into two reasons which become 6.6, the original 6.6 becomes 6.7 as set out below:
6.5. The explanation given by the applicant for the conduct of the owner is not convincing.
6.6 Furthermore, the applicant and owner have not been forthcoming with the contraventions and when dealing to the administrative penalty for the gabions did not reveal the additional contraventions of the MPBL that this current application relates to. The conduct of the owner cannot be condoned.
6.7 The owner has previously contravened the MPBL with regard to the gabions on the property.
FOR INFORMATION:
ACTION: P ABSOLON / P HOFFA