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REPORT TO: MUNICIPAL PLANNING TRIBUNAL

CASE ID 70513639 CASE OFFICER TINUS NYELELE CASE OFFICER PHONE NO 021 444 0596 DISTRICT BLAAUWBERG REPORT DATE 13 September 2020 INTERVIEW APPLICANT N/A N/A YES NO REQUESTED OBJECTOR(S) ITEM NO MPTNW401020

APPLICATION FOR ADMINISTRATIVE PENALTY IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) IN RESPECT OF ERF 20884, MILNERTON, 25 PORCUPINE WAY, TABLE VIEW

1 EXECUTIVE SUMMARY

Property description Erf 20884, Milnerton Property address 25 Porcupine Way, Table View Site extent 249m2 Current zoning General Residential 1 (GR1) Current land use Dwelling House Overlay zone applicable N/A

Submission date 31.08.2020 Subject to PHRA / SAHRA N/A Any unauthorised land use / Yes, unauthorised building work relates to covered building work? terrace and temporary tool shed constructed without prior planning approval. Has owner applied for the Yes, the administrative penalty is the subject of this determination of an report. administrative penalty Has the City Manager applied to No 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 Has the City issued a demolition No directive i.t.o section 128 of the MPBL? If yes, an administrative penalty may not be applied for. Has the City served a notice on No 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? 2352

2 DECISION AUTHORITY

For decision by the Municipal Planning Tribunal

3 BACKGROUND / SITE HISTORY

- The property is zoned General Residential 1 (GR1). - The unauthorized building work in question is a covered terrace (5m²) and tool shed (10m2). - The proposed changes on the property requires amendment of the Site Development Plan in terms of the Development Management Scheme.

4 SUMMARY OF APPLICANT’S MOTIVATION

The applicant’s motivation of the proposed is attached as Annexure C and may be summarised as follows:

 The unauthorised building work relates to a covered terrace and a tool shed constructed without prior planning approval.  The unauthorised covered terrace was undertaken by the previous owner, whereas the authorised tool shed was constructed by the current owner.  The owner was not aware that the building plan approval were required for the constructed temporarily tool shed.  The total unauthorised building work is 15m² in extent.

5 ASSESSMENT OF APPLICATION

5.1 The unauthorized covered terrace and temporarily tool shed contravenes the development rules of the DMS (see Annexure B).

Existing Covered terrace

Existing tool shed

Figure 1: Indication of the existing covered terrace and temporarily tool shed (storage room) on the property.

ERF 20884, 25 PORCUPINE WAY, TABLE VIEW – ADMIN PENALTY REPORT Page 2 of 5 2353

Existing Covered terrace

Existing tool shed

Figure 2: Aerial photograph showing existing covered terrace and temporarily tool shed (storage room) on the property.

5.2 Section 129(7) (a) of the By-Law requires that the administrative penalty not exceed 100% of the unauthorized work.

5.3 The applicant provided a quote (see Annexure E) indicating in detail the total value of the work contravening the DMS. It amounts to R5 000.00. This provides more detail than the generic fee in the standard operating procedure so that the applicant’s figure is used. The administrative penalty may not exceed 100% of R 5 000.00.

5.4 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 unauthorised building work relates to a covered terrace and temporarily tool shed constructed without prior planning approval. The covered terrace and tool shed requires amendment of conditions. The subject property is part of the group housing scheme that was approved subject to a Site Development Plan.

Therefore, any additions proposed on site will trigger amendment of Site the Development Plan. The additions are typical residential extensions.

Duration: The shed was constructed approximately 10 months ago, whilst aerial photography shows the terrace to have been erected in 2017.

Gravity: The covered terrace and tool shed are partially hidden behind the existing boundary walls at the back of the dwelling house. It does not pose a negative impact to the surrounding community. As such, the gravity of the contravention is deemed minor.

ERF 20884, 25 PORCUPINE WAY, TABLE VIEW – ADMIN PENALTY REPORT Page 3 of 5 2354

Extent: Shed: 5m² Terrace: 10m²

b) The conduct of the person involved in the contravention

The current owner was indeed not responsible for the unauthorised covered terrace. Aerial photography corroborates this and shows that the covered terrace appears to have been erected in January 2017 whilst the current owner took ownership 7 August 2018.

Notwithstanding the above, the current owner only constructed the tool shed due to lack of storage ten months ago. The owner voluntarily submitted the application to Council to regularise the authorised structure. c) Whether the unlawful conduct was stopped

All the unauthorised building work has been completed. d) Whether a person involved in the contravention has previously contravened by this By- Law or any other planning law

As far as it can be ascertained, the owner of the property has not previously contravened this By-Law or any other planning law.

5.5 Given the gravity, extent and nature of the contravention and conduct of the owner, this office recommends that an administrative penalty of R 0.00 be imposed for unauthorized covered terrace and R250 (5%) for the unauthorized 5m² shed.

6. REASONS FOR DECISION

Reasons for the recommended decision may be summarised as follows:

6.1 The covered terrace was erected by a previous owner and hence the current owner cannot be held liable. 6.2 The duration of the unauthorised use that the owner is responsible for is short. 6.3 The applicant submitted the administrative penalty application upon becoming aware of the unauthorized structures. 6.4 The tool shed is of a minor scale and not used for habitable purposes. 6.5 The unlawful structures are therefore not deemed to be a threat to the safety, health and wellbeing of the surrounding community.

7. RECOMMENDATION

In view of the above, it is recommended that:

a) An administrative penalty of R0 be determined in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 20884, Table View, for the covered terrace, and such penalty be approved in terms of section 98(b) of the said By-Law; and

b) An administrative penalty of R250 be determined in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Erf 20884, Table View, for the unlawful tool shed, and such penalty be approved in terms of section 98(b) of the said By-Law.

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ANNEXURES Annexure A1 Locality Plan Annexure A2 Aerial photograph Annexure B Site Development Plan Annexure C Applicant’s motivation Annexure D Title Deed Annexure E Quotation

Section Head : Land Use Management Comment Name Elmari Marais Tel no 021 444 0562 Date 18.09.2020

District Manager Name Linah Dube Comment Tel no 021 444 0560 Date 21.09.2020

ERF 20884, 25 PORCUPINE WAY, TABLE VIEW – ADMIN PENALTY REPORT Page 5 of 5 PLANNING AND BUILDING DEVELOPMENT2356 MANAGEMENT LOCALITY MAP ANNEXURE : A1

Overview Erf: 20884 District: BLAAUWBERG

Allotment: MILNERTON Suburb: TABLE VIEW

Ward: 113 Sub Council: Subcouncil 3

Notices Served  Support Received

Petition  Objections 1:637 Signatory Received

Generated by: T. Nyelele

Date: Wednesday, September 16, 2020

File Reference: 70513639 PLANNING AND BUILDING DEVELOPMENT2357 MANAGEMENT LOCALITY MAP ANNEXURE : A2

Overview Erf: 20884 District: BLAAUWBERG

Allotment: MILNERTON Suburb: TABLE VIEW

Ward: 113 Sub Council: Subcouncil 3

Notices Served  Support Received

Petition  Objections 1:318 Signatory Received

Generated by: T. Nyelele

Date: Wednesday, September 16, 2020

File Reference: 70513639 ANNEXURE B SITE DEVELOPMENT2358 PLAN ANNEXURE C MOTIVATION2359 2 3 J u l y 2 0 2 0 ………………………………………

Application for Administrative Penalty M O T I V A T I O N: to permit building work E r f 2 0 8 8 4, 2 5 P o r c u p i n e W a y, F l a m i n g o V l e i, T a b l e v i e w

………………………………………………………………………………………………………..

Prepared for

Owner: Mrs Robinson

Prepared by

p a t r i m o i n e c o n c e p t s

● h e r i t a g e ● a r c h i t e c t u r e ● d e s i g n

18 Baris Road, University Estate, Cape Town, 7925 mobile: + 27 (0) 82 695 8366 e-mail: [email protected]

Cover Photo: Aerial view of 25 Porcupine Way Tableview located at the north of Flamingo Vlei (Source: Google Earth, 2020) Flamingo Vlei

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1. I N T R O D U C T I O N: 2. L O C A L I T Y

1.1 Purpose of the application Figure 1: Locality Plan subject property Erf 20884, Application is hereby made in terms of section 42(r) of the Tableview highlighted in Municipal Planning By-law 2015 for the determination of an orange measuring 249sqm administrative penalty as contemplated in section 129(1) at in extent (Source:COCT Erf 20884, 25 Porcupine Way, Flamingo Vlei, Tableview for City Mapviewer, 2020) addition and alteration to existing residence.

1.2 Legal Requirements

The purpose of the activity does not constitute a listed activity in terms of the National Environmental Management Act and no authorization is required in this regard.

The proposal involves alterations to a dwelling which requires consent from the City prior to its implementation. Therefore an application for Consent in terms of section 42(r) of the MPBL The subject property, Erf 20884, Tableview is located on 25 2015is required for the existing unauthorized structures on site. Porcupine Way in the northern part of Flamingo Vlei. It is currently zoned Single Residential 1 and is used for residential purposes as a dwelling house.

Heidi Boise p a t r i m o i n e c o n c e p t s 18 Baris Road, Unversity Estate, Cape Town 1 ● h e r i t a g e ● a r c h i t e c t u r e ● d e s i g n mobile: + 27 (0) 82 695 8366 e-mail: [email protected]

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3. REGISTERED DETAIL 2 1 Figure 2: The current registered detail of the site Erf 20884, Tableview Aerial view of property Millerton, is situated in the City of Cape Town, Cape Division, illustrating:

Province of the Western Cape. The property was transferred 1. As built covered from Kriegler and Danelle van der Merwe Mrs Teuntje terrace and Robinson, the registered owner as stated in the Title Deed 2. New temporary prefab No.T050331/2018 tool shed (Source:CoCT, 2020) 4. ADMINISTRATIVE PENALITY

4.2 New temporary prefab tool shed This application is for the following contraventions of existing structures: This construction was a result of the urgent need for storage

4.1 As Built Terrace and protection of assets as there was insufficient storage within the existing residence as well as no existing garage. It is The as built covered terrace was constructed prior to the motivated the temporary tool shed can be easily removed as applicant’s ownership of the residence. Mrs Robinson was not it is not grounded onto the property with a substructure. The aware that it was not approved by the CoCT. applicants were not aware that building plan approval is

required. Had they known they would have tried to make an application in advance.

Heidi Boise p a t r i m o i n e c o n c e p t s 18 Baris Road, Unversity Estate, Cape Town 2 ● h e r i t a g e ● a r c h i t e c t u r e ● d e s i g n mobile: + 27 (0) 82 695 8366 e-mail: [email protected]

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5. DESIRABILITY IN TERMS OF SECTION 99 (3) OF THE (b) the conduct of the person involved in the contravention MUNICIPAL BYLAW (2015) The owner appointed Wessel Lourens to design the proposed In terms of Section 129 (7) and (8) of the MPBL, the following intervention for the owner to address the land use application needs to be considered when dealing with an admin penalty. that submitted June 2019 with all the required signatures from Our response is included next to the various factors. neighbours,

(a) the nature, duration, gravity and extent of the Since then the client decided that the double carport to be contravention amended to a single garage. Patrimoine Concepts was appointed by the owner January 2020 to address the revised i. Nature: the activities are all accommodation related application. ii. Duration: A time period of 10 months occurred since A meeting was held with the case officer Ms Alicia Visage on the previous application made the 13 February to discuss resubmission requirements for the iii. Gravity: Not severe as the activities do not impact on revised application. Unfortunately due to the challenges of neighbouring properties but provides external Lockdown all required signatures were submitted 24 June recreation area and additional storage for the 2020. residents residing on the subject property

2 iv. Extent: 15m

Heidi Boise p a t r i m o i n e c o n c e p t s 18 Baris Road, Unversity Estate, Cape Town 3 ● h e r i t a g e ● a r c h i t e c t u r e ● d e s i g n mobile: + 27 (0) 82 695 8366 e-mail: [email protected]

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(c) whether the unlawful conduct was stopped 6. CONCLUSION

It was not possible to stop the construction for the fowling The as built covered terrace was done prior to the applicant’s reasons: ownership of the residence. The new tool shed was constructed due to the urgent need for storage as there is no i. The covered terrace was done by the previous owners existing garage on the property. The owner is more than of the property and willing to remove it once the proposed garage is completed. ii. The temporary tool shed was critical to provide storage due to relocation from their previous residence, a farm In light of the above it is requested that house in the East Cape to the subject property, 1. This application for administrative penalty in terms of suburban a single storey residence. This could not be Section 42(r) of the MPBL be considered swiftly to planned ahead as it was reliant on the sale of the enable the formal land use application to be owner’s farm in the declining property market of the proceeded with. Eastern Cape during 2018. 2. A 0% penalty be granted (d) whether a person involved in the contravention has previously contravened this By-Law or a previous planning law.

As far as we are aware, the owner has not contravened this By-Law before.

Heidi Boise p a t r i m o i n e c o n c e p t s 18 Baris Road, Unversity Estate, Cape Town 4 ● h e r i t a g e ● a r c h i t e c t u r e ● d e s i g n mobile: + 27 (0) 82 695 8366 e-mail: [email protected]

ANNEXURE D TITLE2364 DEED 2365 2366 ANNEXURE2367 E QUOTATION