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MPT South Western

Agenda item no

MPTSW 48/11/2023

Subject

WARD 61: APPLICATION FOR ANADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): ERF 3128 SIMON’S TOWN, 10 NELSON DRIVE. CASE ID:1500014954 J DIDO/P HOFFA

Meeting date

Tuesday, November 21, 2023

Resolution

Approved

Date closed

Friday, November 24, 2023

Resolution details

RESOLVED UNANIMOUSLY that:

An administrative penalty in the amount of R20 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 3128 Simon’s Town regarding the unauthorised building work as shown on the plan drawn by Andre Nimmo Architect, with drawing number NEL_05_01, revision J, dated 2021-05-01.

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 as follows:

6.5. The contraventions were willful. The owner and applicant made a misrepresentation to the City and misled the City, and omitted relevant information. This is in contravention of Section 78 of the Municipal Planning By-Law. The poor conduct of the current owner cannot be condoned and warrants a higher penalty amount.

FOR INFORMATION:
ACTION: J DIDO/ P HOFFA

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