MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

That an administrative penalty in the amount of R10 000 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 56, Ottery, as shown on the plan attached to this report as Annexure B.

REASONS FOR DECISION:

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

1. The Place of Worship contravenes the Development Management Scheme.
2. The duration is long and extent is large.
3. The gravity is considered to be serious: without the necessary health and safety checks the health of 600 to 800 people can be at risk
4. As far as it can be ascertained, the owner of the property has not previously contravened the Municipal Planning by Law, 2015 or any other planning law.
5. The applicant has been aware of a need to apply for an admin penalty since 2017 but only applied in 2020
6. The willful unauthorised use of this property cannot be condoned
7. All the above reasons suggest a much higher penalty amount

FOR INFORMATION:
ACTION: S KANZI / A MCCANN