CoCT issues R1m fine for unauthorised apartment building in Belville

Cape Town Mayor Geordin Hill-Lewis says he will upheld the City’s Municipal Planning Tribunal’s decision to impose a record R1 million penalty for unauthorised building work.

The penalty relates to a developer building a 22-unit apartment where only a single dwelling is permitted.

The building – which includes two storeys of apartments, covered parking, and a refuse room - is located in Sunkist, part of the Oakdale suburb in Bellville, and encroaches on neighbouring properties. According to the City, the site is currently zoned for Single Residential 1 (SR1), which permits only a single residence and related buildings covering not more than 50% of the site.

The City ordered the developer to stop construction in September 2022. However, the developer continued building but has also leased out the apartment block.

‘’Occupation of such a building poses a safety risk to tenants without the necessary safety and building plan approvals, land use rights, and occupation certification. Following a letter of demand by the City’s lawyers in December 2022, the developer agreed to ensure the vacating of all tenants, but by March 2023, it was clear there was no serious intention in this regard.’’

‘’In upholding this record penalty, we send a clear message that in Cape Town, we are working to build a society based on the rule of law, and that the flagrant disregard of building and planning regulations cannot be tolerated. The law is not only for some, it is for all,’’ added Mayor Hill-Lewis.

The City approached the Western Cape High Court for relief in May 2023, where it successfully obtaining an order in October 2023, declaring the building and its occupation unlawful. The developer was ordered to apply for a penalty determination, and to comply with all lawful development processes for this site.

‘’Given the flagrant non-compliance and scope of unauthorised building work, the Municipal Planning Tribunal handed down a R1m admin penalty. The developer’s appeal was considered by the Planning Appeals Advisory Panel, with the Mayor accepting the panel’s recommendation to uphold the penalty amount in his capacity as final appeal authority.’’

‘’In his appeal outcome report, Mayor Hill-Lewis stated he was satisfied that the administrative penalty is reasonable given the ‘gravity and extent’ of the contravention. Further, that the developer could not reasonably claim to have been ill-advised by professionals, given that they had committed similar contraventions in 2021 relating to the construction of 14 apartments at two different erven elsewhere in Bellville,’’ said the City in a statement.

The appeal dismissal outcome was issued on 27 May 2024, the developer now has 20 calendar days to pay the penalty as per the High Court order obtained by the City.

The developer must also comply with all lawful processes regarding the unauthorised building under the City’s Development Management Scheme. Should the criteria to regularise the building work not be met, this may result in the City approaching the court for a demolition order.

 

Done By: Mitchum George