2688 - capetown.gov.za
Transcript of 2688 - capetown.gov.za
30455Mil-adminpen-Oct20 Page 1 of 5
REPORT TO MUNICIPAL PLANNING TRIBUNAL
ITEM NO MPTNW331120
APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN
MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 30455, MILNERTON, 11
OWERBOSCH CLOSE
1 EXECUTIVE SUMMARY
Property description Erf 30455, Milnerton
Property address 11 Owerbosch Close, Milnerton
Site extent 266 m2
Current zoning General Residential Zoning 1
Current land use Dwelling house
Overlay zone applicable None
Submission date 07.09.2020
Subject to PHRA / SAHRA No
Any unauthorised land use /
building work?
Shade port and covered patios deviating from
the approved SDP
Has owner applied for the
determination of an
administrative penalty
Yes
Has the City Manager applied to
the MPT for an order that a person
who is contravening the MPBL
must pay an administrative
penalty in an amount determined
by the MPT
No
Has the City issued a demolition
directive i.t.o section 128 of the
MPBL? If yes, an administrative
penalty may not be applied for.
No
Has the City served a notice on
the owner or other person in
respect of the unlawful land use
or building work which required
the owner or other person to
apply for the determination of an
administrative penalty?
No
CASE ID 70514299
CASE OFFICER NNGQOBE
CASE OFFICER PHONE NO 021 444 0561
DISTRICT BLAAUWBERG
REPORT DATE 12/10/2020
INTERVIEW
REQUESTED
APPLICANT YES NO
OBJECTOR(S)
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2 DECISION AUTHORITY
For decision by the Municipal Planning Tribunal
3 BACKGROUND / SITE HISTORY
Erf 30455 is zoned GR1 with an extent of 266m². The property is improved with a single
storey dwelling unit with a garage and the unlawful shade port and covered patios. The
property is located within a group housing development with an approved Site
Development Plan (SDP). The unlawful structures were erected without the necessary SDP
approval and hence an administrative penalty is being processed.
The unlawful building work is thus in contravention of the conditions of approval (SDP).
4 SUMMARY OF APPLICANT’S MOTIVATION
The applicant’s motivation/ affidavit of the proposed is attached as Annexure C and may
be summarised as follows:
The property was purchased with the existing structures.
5 ASSESSMENT OF APPLICATION
5.1 As indicated above, the building work is in contravention of the conditions of approval.
5.2 In terms of section 129(7)(a) of the By-Law, an administrative penalty for a building work
contravention may not be more than 100% of the value of the building, construction and
engineering work unlawfully carried out.
Administrative Penalty: Calculation
5.2.1 Unauthorised building work
Value per m2 (R1330) × Total Unlawful area (40m2) = R53 200
An amount which is not more than 100% of R53 200 may be imposed as administrative
penalty
5.3 The following factors need to be considered when determining an appropriate
administrative penalty, as contemplated by section 129(8) of the By-Law:
a) The nature, duration, gravity and extent of the contravention
Nature – The contravention entails covered patios at the front and the back of the
dwelling and a shade port. The structures are in contravention of the conditions of
approval as these had to be approved on an SDP. No complaints have been received
and no notice was served on the owner. The owner needs to submit an application for
amendment of the approved SDP, which will be submitted once the administrative
penalty application has been finalized.
Duration – According to the aerial photo, the covered patios were constructed during
March 2009 and the shade port was constructed during January 2016, after the current
owner purchased the property (2014). The duration of the contravention for the covered
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patios has been approximately 11 years and the duration for the contravention for the
shade port has been approximately 4 years.
Aerial photography (2015) showing two patios. The owner purchased the property 2014.
Aerial photography from 2016 showing the shadeport
Gravity – The structures are enhancements to the dwelling unit and there is no evidence
that these would pose a threat in terms of fire. The gravity of the contravention is not seen
to be severe.
Extent – 40m²
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b) The conduct of the person involved in the contravention
The owner submitted the administrative penalty when he became aware of the
contravention. However, the owner provided misleading information in a form of an
affidavit, stating that the property was bought with all unlawful structures already
constructed. It is however clear from aerial photography that this is not the case.
c) Whether the unlawful conduct was stopped
All the structures are already built.
d) Whether a person involved in the contravention has previously contravened by this By-
Law or any other planning law
There is no evidence to indicate that the owner has contravened the By-Law previously.
5.4 In view of the conduct of the owner, it is recommended that a penalty of R2600
(approximately 5%) be imposed.
6 REASONS FOR DECISION
Reasons for the recommended decision may be summarised as follows:
6.1 The current owner was responsible for the contravention of the shade port but not
the covered patios.
6.2 The owner provided a misleading affidavit insofar it states that all unlawful structures
were erected prior to him purchasing the property.
6.3 The provision of false affidavit is considered a serious offense.
7 RECOMMENDATION
In view of the above, it is recommended that:
a) An administrative penalty in the amount of R2600 be determined in terms of
section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect
of Erf 30455, and as such be approved in terms of Section 98 of the Municipal
Planning By-Law.
ANNEXURES
Annexure A Locality Plan
Annexure B Site plan
Annexure C Applicant’s affidavit
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30455Mil-adminpen-Oct20 Page 5 of 5
Section Head : Land Use Management Comment
Name ELMARI MARAIS
Tel no 021 444 0562
Date 14.10.2020
District Manager
Name LINAH DUBE Comment
Tel no 021 444 0561
Date 17.10.2020
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PLANNING AND BUILDING DEVELOPMENT MANAGEMENTLOCALITY MAP ANNEXURE :
Overview
Notices Served
Petition Signatory
SupportReceived
ObjectionsReceived
Wednesday, 14 October 2020
1:1 200Generated by:
Sub Council:
District:
Allotment:
Ward:
Suburb:
Erf:
File Reference:
Date:
A2693
100x75mmupvc gutter228x50mmtimber bearer
m12Ø bolts
220x50mm purlin fixed to steelpost using galv. steel hangerwith m12Ø bolts
80Ø steel post
roofsheeting
WALL
76x50mm purlin
m12Ø bolts
220x50mm purlin fixed to steelpost using galv. steel hangerwith m12Ø bolts
roofsheeting
Detail AScale 1:25
Detail BScale 1:25
GENERAL:
· All materials and workmanship are to comply with SANS
10400 specifications and to meet council requirements.
· The contractor is responsible for the correct setting out of the
building and will ensure that all foundations, walls etc are
correct according to level, position, height and dimensions.
· Any discrepancies or errors that are noted on the plans are to
be referred to the designer immediately for rectification.
· The drawings are not to be scaled. In all cases the figured
dimensions are to be used.
· NO PART OF CONSTRUCTION TO ENCROACH
ADJOINING PROPERTIES OR ROAD RESERVE.
Vehicular access (5m)
12.66m Boundary
12.66m Boundary
21.00m
B
oundary
21.00m
B
oundary
N
O
R
T
H
re
ic
Erf 30455
17 Owerbosch Close
Lounge/Dining
(Existing)
Kitchen
(Existing)
Garage
(Existing)
Bedroom 1
(Existing)
Bedroom 2
(Existing)
Bath
(Existing)
Bedroom 3
(Existing)
Yard
(Paving)
re
ic
re
A
Pa
ssa
ge
(E
xistin
g)
A A
BB
3760
39
40
Municipal Sewer
Site Plan
Scale 1/100
Patio 2
22
60
4280
Rafter
Bearer
Purlin
Purlin
Purlin
Purlin
Rafter
Rafter
Rafter
Rafter
Rafter
North ElevationScale 1:100
Patio
Gutters and facias to match
main house
SECTION B - BScale 1:100
Existing
New Existing
Existing
Existing
Patio
Existing paving
NewExisting
NGL
Gutters and facias to match main house
Pro
pe
rty b
ou
nd
ary
450 x 450 x 600
concrete footing.
Existing
Rafter
Rafter
Rafter
Rafter
Rafter
Purlin
Purlin
Purlin
Purlin
Purlin
Purlin
Bearer
0.00
2200
NGL
0.00
450 x 450 x 600
concrete footing.
2200
East ElevationScale 1:100
West ElevationScale 1:100
South ElevationScale 1:100
SECTION A - AScale 1:100
ROOF DETAILS
"Chromadek" (or similar) continuous corrugated profile roof
sheet on 50 x 75 purlins on 228 x 38 rafters @ 620 c/c securely
bolted to existing wall with suitable galvanized steel brackets on
closed side and 230 x 38 SAP beam on open side. Roof to have
a slope of no less than 3 degrees.
FLOOR DETAILS:
Existing paving is to be retained. Care is to be taken to ensure
paving is not disturbed. Where floors are disturbed or damaged,
they are to be replaced or repaired to original condition.
RAINWATER GOODS:
125mm Half round uPVC gutters and 80mm dia downpipes
fixed to wall with suitable brackets and accessories to suit..
3m Building Line
3m
B
uilding Line
3m
B
uilding Line
12.00m boundary building line
Shadeport
(Existing)
17 Maison Crescent, Victoire Village, Cape Town
Ph. +2784 228 2040 | Em. [email protected]
PROJECT:
CLIENT: COVERAGE:SIGNATURE:Drawing must not be scaled. Shown dimensions are to be used at all times. All levels and
dimensions are to be checked by the contractor on-site before any work commences. Any
discrepancies are to be reported to the designer immediately.
All work to be carried out in strict accordance of the National Building Regulations and
relative Local Authority bye laws.
All materials used to be SABS approved
NOTES:
Proposed patios on ERF 30455, 17
Owerbosch Close, Blouberg
Sands, Milnerton.
Site:Existing Area
Patio 1
Patio 2
Total
Coverage:
265.86 m
2
100.2 m
2
14.8 m
2
10.5 m
2
125.5 m
2
47.2%
DRAWN:P Farrant
SIGNATURE:
DATE:09.01.2020
JOB No.:DAVE0118
SCALE:As Shown
SACAP:D0912
David Pilkington
TITLE:
Council submission
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