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. info@extendyourhome.co.za

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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