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MPT South Western

Agenda item no

MPTSW 39/6/2020

Subject

WARD 71: APPLICATION FOR SUBDIVISION IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 6671 CONSTANTIA, 4 TAMARISK LANE ID: 70481503 P ABSOLON / P HOFFA

Meeting date

Tuesday, June 23, 2020

Resolution

Approved

Date closed

Monday, June 29, 2020

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for the subdivision of Erf 6671 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, as per plan of subdivision LUM/16/6671, subject to the conditions contained in Annexure A.

b. The application for a departure, as set out in Annexure A, for Erf 6671 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

AMENDED ANNEXURE A
ANNEXURE A

In this annexure:
“City” means the City of Cape Town
“The owner” means the registered owner of the property
“The property” means Erf 6671 Constantia, 4 Tamarisk Lane
“Bylaw” and “Development Management Scheme” has the meaning assigned thereto by the City of Cape Town Municipal Planning Bylaw, 2015 (as amended)
“Item” refers to the relevant section in the Development Management Scheme

CASE ID: 70481503

1. APPLICATIONS GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW:

1.1 The subdivision of the property into 2 portions (Portion 1: ± 1000m² & Remainder: ±1132m² as per plan of subdivision LUM/16/6671.

1.2 Departure:

(i) Item 177(2): To permit Portion 1 ±1000m² & Remainder ±1132m² to be less than the minimum erf size of 1350m².

2. CONDITIONS IMPOSED IN TERMS OF SECTION 100 OF THE MUNICIPAL PLANNING BY-LAW, 2015 WHICH MUST BE COMPLIED WITH AT THE COST OF THE DEVELOPER AND TO THE SATISFATION AND ACCEPTANCE OF THE COUNCIL PRIOR TO THE TRANSFER OR SEPARATE REGISTRATION IN THE DEEDS REGISTRY OF ANY LAND UNIT ARISING FROM THIS APPROVAL (SEE SECTION 137 OF THE MUNICIPAL PLANNING BY-LAW):

2.1 Development Contribution

2.1.1 The owner/developer shall pay a development charge (DC) in accordance with the approved Development Charges Policy for Engineering Services for the City of Cape Town. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R54 187.02. It must be noted that this amount is valid until 2020-06-30 and that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA.

2.2 Electricity

2.2.1 A separate service connection cable, rated to supply the authorised capacity of the erf, must be installed to the point of supply on the boundary of each of portion. The cable shall be routed clear of all other private property, typically within the public road reserve.

2.2.2 In accordance with policy and tariffs approved by Council, a shared- network charge shall be paid.

2.2.3 In accordance with policy and tariffs approved by Council, a connection fee to provide a separate connection to the property boundary shall be paid.

Note: A quote for the shared-network charge and connection fee, as well as conditions of supply, will be provided upon formal application.

2.3 Water & Sanitation

2.3.1 All water services infrastructure that cross the lines of subdivision shall be separated by a registered private plumbing contractor.

2.3.2 Any water services serving the existing erven may have to be shifted or removed at the discretion of the Water Division. The relevant/applicable tariff charge (paid by the applicant) will be applied.

2.3.3 Sewer connections must be provided for each portion to the satisfaction of the Director: Sanitation.

2.4 General

2.4.1 The owner shall be responsible for all costs incurred in respect of the upgrading, extension, deviation or removal of any existing stormwater, sewerage, electricity or other services or works, whether on the property of the Council or any other body, whether public or private, which may be requested by the Council or any other body having authority so to require as a result of the development of the property concerned and for any connection costs in respect of such services or work.
2.5 Buildings

2.5.1 Any openings in the buildings that are along the line of subdivision must be closed up to the satisfaction of the building inspector. (Note that this may require the approval of a building plan.)

2.5.2 If any gutters or downpipes serving the building on the Remainder encroach onto Portion 1, they must either be removed to the satisfaction of the building inspector, or the relevant servitudes shall be registered over Portion 1 in favour of the Remainder.

2.6 Landscaping Plan for the Remainder

2.6.1 A landscape plan (which shall include an implementation plan), for the Remainder, prepared by a qualified professional landscape architect / technician registered with the South African Council for the Landscape Architectural Profession (SACLAP) showing: species and location of new trees to be planted, irrigation and water source(s) and the extent of hard surfaces, shall be submitted for approval to the delegated official for approval.

2.6.2 The approved landscaping plan for the Remainder shall be implemented by and at the cost of the owner, in accordance with the implementation plan. Implementation shall be substantially in accordance with the approved landscaping plan to the satisfaction of the Director: Environmental Management.

3. CONDITIONS IMPOSED IN TERMS OF SECTION 100 OF THE MUNICIPAL PLANNING BY-LAW, 2015:

3.1 Development Management

3.1.1 The floor space of each portion is restricted to a maximum of 750m2.

3.1.2 A maximum of 1 dwelling unit is permitted on Portion 1.

3.2 Landscaping plan for the Portion 1

3.2.1 A landscape plan (which shall include an implementation plan) for Portion 1, prepared by a qualified professional landscape architect / technician registered with the South African Council for the Landscape Architectural Profession (SACLAP) showing: species and location of trees to be removed, relocated or retained, and new trees to be planted, irrigation and water source(s) and the extent of hard surfaces, shall be submitted for approval to the delegated official for approval prior to the approval of any building plan for Portion 1.

3.2.2 The approved landscaping plan for Portion 1 shall be implemented by and at the cost of the owner/developer, in accordance with the implementation plan, within 1 year of practical completion of building work on Portion 1. Implementation shall be substantially in accordance with the approved landscaping plan to the satisfaction of the Director: Environmental Management.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report except reason 7.1.1 which reads as follows:

7.1.1 The proposal is compatible with the surrounding land uses and will not significantly change the character of the area

FOR INFORMATION:
ACTION: P ABSOLON / P HOFFA

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