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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 17/4/2024

Subject

APPLICATION FOR THE DETERMINATION OF AN ADMINISTRATIVE PENALTY IN TERMS OF SECTION 42(R) THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 16080 MITCHELLS PLAIN, 90 MIAMI CLOSE, PORTLAND. CASE ID:1500117289 S NZIMANDE/D DE KLERK

Meeting date

Tuesday, April 30, 2024

Resolution

Approved

Date closed

Wednesday, June 05, 2024

Resolution details

UNANIMOUSLY RESOLVED that:
An administrative penalty of R 1 500.00 (R 1 000.00 for the unauthorised building work and R 500.00 for the unauthorised house shop) BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 16080, Mitchells Plain

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:

Correct reason 6.3 as follows:
6.3 The extent of the contravention in relation to the house shop is 24m2 (12.9% of the site extent), and 22m2 (11.9%) for the building work contravention. In total, the area of contravention is fairly large.



Amend reason 6.4 as follows:
6.4 The unauthorised land use has ceased. The conduct of the owner is considered to be negligent (rather than willful) and an expeditious attempt is made to rectify the unlawful conduct by following the necessary planning processes; hence the reduction in the penalty amount

FOR INFORMATION: NZIMANDE / DE KLERK


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