Mayor backs R1m penalty for unauthorised building work

Mayor Geordin Hill-Lewis has 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 block where only a single dwelling is permitted. The developer has not been named.

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, the City said. 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.

Despite the City ordering a stop to construction in September 2022, the developer continued building and tenanting the unauthorised apartment block.

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, the City said.

The City approached the court for relief in May 2023, 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 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 Hill-Lewis accepting the panel’s recommendation to uphold the penalty amount in his capacity as final appeal authority.

In his appeal outcome report, Hill-Lewis stated he was satisfied that the administrative penalty was reasonable given the “gravity and extent” of the contravention.

Further, 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.

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,” the City said.

Cape Times