MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY:

That an administrative penalty in the amount of R2000 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 1898 for the land use contravention and such penalty be approved in terms of Section 98 (b) of the said By-Law.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out below

1. The transgression is serious as vulnerable children are placed in a facility where health and safety checks have not been done.
2. The nature of the contravention is compatible with the area, Development Management Scheme Permits Place of instruction (crèche) as a consent use. The use of the property will remain for residential use.
3. Although a land use application has been submitted to rectify the unlawful use, the owner has been operating without the relevant approval for almost a year. This duration is considered short.
4. The extent of the unauthorized use is considered a small scale considering the size of the property.
5. As far as it can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.
6. The gravity is serious.

FOR INFORMATION:
ACTION: A SOLOMBELA / S VAN RENSBURG