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MPT North Western
Agenda item no
MPTNW 64/7/2020
Subject
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 5326 MILNERTON, 21 FAIR WAY, TABLE VIEW. ID:70501677
B SOARES/E MARAIS
Meeting date
Tuesday, July 07, 2020
Resolution
Approved
Date closed
Monday, July 20, 2020
Resolution details
UNANIMOUSLY RESOLVED that:
a. An administrative penalty in the amount of R 2 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 5326 Milnerton, Fair Way for the unlawful land use (ECD), and such penalty BE APPROVED in terms of Section 98(b) of the said By-Law.
b. An administrative penalty in the amount of R 1 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of erf 5326 Milnerton, Fair Way, Pearl Mansions for the unlawful building work, 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 in the Planner’s Report and agreed to:
Correct reason 6.1 to read as follows:
The owner knew that processes were required to obtain approval but failed to wait for such approvals to be issued
Add new reason 6.5 to read as follows:
Children are at risk since no health and safety measures are in place and therefore the gravity of the land use contravention is considered to be serious
FOR INFORMATION: SOARES / MARAIS