MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R40 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 176343 Cape Town regarding the unauthorised building work as shown on the plans drawn by Masterplan Building Designers in association with Sean Hayden Architect with plan numbers MP18026/1 (Revision A, dated October 2018), MP18026/2 (Revision A, dated October 2018), MP18026/3 (Revision A, dated October 2018), MP18026/4 (Revision A, dated October 2018), MP18026/5 (Revision A, dated October 2018), MP18026/6 (dated October 2018), MP18026/7 (dated October 2018), and MP18026/8 (dated October 2019).

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report, except reasons 6.4 and 6.5 which are amended as follows:

6.4 The gravity of the contraventions is serious. Although each of the external deviations may seem relatively minor on their own, the cumulative extent of the changes is significant. The original development approval was subject to a lengthy land use application process which included public participation, and the development restricted to a specific building envelope. The property is located within a Local Area Overlay Zone which has a 2 storey height restriction and is also located within a HPOZ in which the nature of the external appearance of a building is critically important to the character of the area. Furthermore, the original building is older than 60 years.
6.5 The person involved in the contravention has shown a disregard for the planning approval process, and this conduct cannot be condoned. The applicant is disingenuous is blaming the contraventions on the alleged delays in the planning process. The required land use application has still not been submitted despite a significant passage of time since the contraventions occurred. Furthermore, it is clear that the applicant takes the approach of “build now and ask for permission later”. This approach cannot be condoned, and particularly not within a HPOZ, such willful conduct warrants a higher penalty

FOR INFORMATION:
ACTION: P EVARD / P HOFFA