| Ref 1500131131 - Amendment and suspension of restrictive title deed conditions, amendment of a condition of an existing approval, subdivision and departures | Ref 1500131131 - Amendment and suspension of restrictive title deed conditions, amendment of a condition of an existing approval, subdivision and departures | | <img alt="" src="https://resource.capetown.gov.za/cityassets/PublishingImages/CityConnectHeader.png" style="BORDER:0px solid;" /> | <div class="ExternalClassE43876A4C57D4552BFF59B649323BE86"><p><strong>Erf 851 Constantia, 109 Southern Cross Drive.</strong><br><br>Notice is hereby given in terms of section 81 of the <a href="https://resource.capetown.gov.za/documentcentre/Documents/Bylaws%20and%20policies/Consolidated/_MPBL.pdf">City of Cape Town Municipal Planning By-Law (MPBL), 2015 </a> that the application below has been received and is open for inspection at the office of the District Manager, 3 Victoria Road, Plumstead - by appointment only. Alternatively, it can be viewed by clicking on the PDF attachment in the document downloads section below.</p></div> | <span>
<h2 class="sectHeading">Application details</h2></span>
<p>District office:
<a href="http://resource.capetown.gov.za/documentcentre/Documents/Forms%2c%20notices%2c%20tariffs%20and%20lists/TDA%20DM%20-%20Contacts.pdf">Southern District</a><br> Application number: 1500131131<br>
Applicant/owner details: David Hellig and Abrahamse Professional Land Surveyors / The Shafaba Trust.<br>
Description and physical address: 109 Southern Cross Drive, Constantia.<br>
Submission period: 20 February - 23 March 2026</p><h2 class="sectHeading">Purpose of the application</h2><ul><li>Amendment of the following restrictive conditions in title deed T22153/2020 to read (strikethrough represents deleted wording and underlining represents added wording):
<br>I. Condition V.6(b): “It shall be used only for the purpose of erecting thereon two dwellings on each portion together with such outbuildings as are ordinarily required to be used therewith.”
<br>II. Condition I.A.(5): The said Lot HT shall not be divided or sold in areas of less than 3711 m² in extent, without the consent of the owner for time being of the present remaining extent of the farm Bel Ombre.
<br>III. Condition IV(a): That in the event of the said property being sub-divided at any time no portion on subdivision shall be an area of less than 3711 m² in extent.
</li><li>
The suspension of condition V.6.(a) in title deed T22153/2020, relating to “it shall not be subdivided”.
</li><li>
To amend a condition of an existing approval imposed in terms of the Townships Ordinance No 33 of 1934. The condition to be amended is the same as per item 1. I above.
</li><li>
Subdivision of the property into two portions (Portion 1: ±3 711 m² and Portion 2: ±4 892 m²).
</li><li>
The following departures from the <a href="http://www.capetown.gov.za/work%20and%20business/planning-portal/regulations-and-legislations/the-city-of-cape-towns-development-management-scheme">Development Management Scheme</a>:
<br>Item 177(2): To permit Portion 1: ±3 711 m² and Portion 2: ±4 892 m² in lieu of 8000 m².
<br>Item 25(A)(c): To permit the height of the second dwelling on Portion 2 to measure 7.99 m in lieu of 6 m measured from existing ground level to the wall plate and to measure 10,05 m in lieu of 8 m to the top of the roof.
</li><li>
The proposal requires a deviation from the Southern District Plan relating to the extent of hard surfacing and floor space.
</li></ul>
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<h2 class="sectHeading">Submit your comments</h2></span>
<p>Submit your comments and representations by <a href="mailto:comments_objections.southern@capetown.gov.za?subject=Comment on application-ref 1500131131">email</a>.<br><br> All submissions need to include the following:</p><ul><li>The application reference number.</li><li>The details of the person submitting the comment, including the full name, interest in the application, address, contact details and the method by which they can be contacted.</li><li>The reason for the comment, including the effect that the application will have on a person/area and any aspect of the application that you consider inconsistent with policy, and how.</li></ul><p>Submissions in writing need to be made to the specified
<a href="http://resource.capetown.gov.za/documentcentre/Documents/Forms%2c%20notices%2c%20tariffs%20and%20lists/TDA%20DM%20-%20Contacts.pdf">district office</a> on or before the closing date.<br><br>View our
<a href="http://www.capetown.gov.za/City-Connect/Claim-or-dispute/Object-to-an-application/Object-to-a-land-use-application">guidelines on submitting comments on land use applications, or to make oral submissions</a>.</p>
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<h2 class="sectHeading">General conditions</h2></span>
<ul><li>A comment or representation that does not meet the requirements above may be disregarded.</li><li>Late comments will not be considered unless the City Manager has agreed in writing.</li><li>If you are unable to write, you may come to the specified
<a href="http://resource.capetown.gov.za/documentcentre/Documents/Forms%2c%20notices%2c%20tariffs%20and%20lists/TDA%20DM%20-%20Contacts.pdf">district office</a> during office hours where you will be assisted with transcribing your comment and associated reasons.</li></ul> | | GP0|#03e6040c-6cd2-4a39-bb7a-22f89a0c8c01;L0|#003e6040c-6cd2-4a39-bb7a-22f89a0c8c01|Land use applications;GTSet|#a7cfb90d-44ad-4426-98ce-565f79932396;GPP|#79e6adda-2aa2-4523-bc29-296828216c93 | | | | | | | | | | | | | | | | 20 February - 23 March 2026, Constantia | 0 |
