Cape Town – The MPBL’s executive support officer to the deputy mayor and mayoral committee member for spatial planning and environment, has revealed that a proposed new provision to the municipal planning by-law (MPBL) will enable the City to impound moveable property.
This would include machinery and equipment being used for illegal building work when an order to stop work is being ignored.
The revised MPBL is now available for comment and residents and interested and affected parties are encouraged to submit their input by September 23.
The City's deputy mayor and Mayco member for spatial planning and environment, Eddie Andrews, said often developers ignore warnings and continue on the building site.
“We have added this proposed provision to the by-law to give the City immediate recourse in situations where developers continue with illegal building work, despite us issuing an order to stop work,” he explained.
“Some developers ignore the orders, and continue their construction work as they are prepared to pay the fines involved. In the meantime, and given that these matters often take considerable time to be concluded in court, the surrounding communities are impacted while we are seeking legal recourse.
“This proposed addition not only allows the City to impound the developer's movable property, but also those
belonging to the owner of the moveable property and those belonging to the contractor involved in the illegal work; this is to close any loopholes.”
Andrews added that by adding this provision, it would influence those who choose to ignore the municipal planning by-laws to think twice.
He added that some of the proposed conditions included that the land owner, contractor, and thirdparty owner risk impoundments of their movable property if the owner disobeys or causes the contractor to disobey the stop-work order.
“The affected parties will have the opportunity to give representation to the City as to why the property should not be impounded and that the property will be released on payment of the administrative penalty fee, as well as the costs of removal and storage.
“The City may also apply to court for leave to sell or dispose of impounded property that is not reclaimed within the applicable time frames.” Andrews said the mayor upheld the Municipal Planning Tribunal's decision to impose a record R1 million penalty for unauthorised building work in Bellville.
“Despite the City ordering a notice to stop construction in September 2022, the developer continued to build and then tenanted the unauthorised apartment block. The City had to approach the high court for relief, and we successfully obtained an order, only by October 2023.
Nicola Jowell, councillor for ward 54, which includes Sea Point, also advised residents to be part of the engagement via her social media pages.
“Residents, and interested and affected parties are encouraged to peruse the draft revised MPBL and to submit their comments,” she said.