MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for consolidation in respect of erven Re-23324, 23579, 23580, 23582, 23583 and 23584, Kuils River (S) BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, in accordance with consolidation plan no HDAmphoria_CON4, dated 6 August 2018, attached as Annexure C, subject to the conditions attached as Annexure A.

b. The application for rezoning from General Residential (GR2), General Business (GB1) and Agricultural to Subdivisional Area in respect of the consolidated erf referred to in 8.1 above, into 42 portions BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, in accordance with the land uses indicated in the subdivision plan no HDAmphoria_Sub18, dated 17 February 2020, attached as Annexure D, subject to the conditions attached as Annexure A.

c. The application for subdivision in respect of the consolidated property referred to in 8.1 above, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, in accordance with the subdivision plan HDAmphoria_Sub18 (dated 17 February 2020) attached as Annexure D, subject to the conditions attached as Annexure A.

d. The application for approval of Council to allow for subdivision to be implemented in phases BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, in accordance with the phasing plan attached as Annexure D, subject to the conditions attached as Annexure A.

CONDITIONS 2.4 and 2.47 ARE AMENDED AS FOLLOWS:

2.4. That the developer/owner shall submit a Bulk and Residential unit register prior to the submission of any Site Development Plan or Section 137 Transfer Certificate request, whichever comes first, that will show how the affordable / inclusionary housing as defined in the MSDF to be at least 7% of the number of residential units proposed in condition 2.2.2 and will be incorporated into the development, for approval by the ED: Development Management. Such Register may be amended only with the written consent of Integrated Transport Planning and shall be maintained and updated by the developer.


2.47 That a Master Landscaping Plan must be submitted for approval by the delegated official prior to a Section 137 Transfer Certificate being issued for any phase. That such plan shall include an implementation plan and that all landscaping be implemented prior to a section 137 certificate being issued for phase 5. That the developer shall maintain responsibility for maintenance of landscaping in all public roads and spaces for a period of 2 years from the registration of the subdivision for phase 5 in the Deeds Office. The Landscape Plan shall further be conditional to the following:

- The proposed fencing of the open space system must be removed
- The private road 14B intercepting the proposed river corridor and public open space corridor must be changed to a public road so that it doesn’t obstruct public access up the river corridor in a north south direction, and also that the Turnberry residents access is not obstructed. Servitudes and biometric controls are not in the spirit of managing free access to public open spaces. The road across the N-S river corridor/stormwater should not be fenced.
- The northern most part of the N-S open space system above the detention pond, must be zoned OS2, rather than OS3 or Private Road so that it is publically accessible to the Turnberry residents located to the north of the public open space.
- The fences across the Bottelary River and across the Bottelary River tributary, must be omitted to facilitate public access within the open space system.

2.45. That the Developer/owner to the standards of the Directorate: Transport, must enter into a Service Agreement with the City of Cape Town to construct the abovementioned item, as stipulated in Condition(s) (2.30., 2.31., 2.32., 2.34., 2.36., 2.37., 2.39., 2.40., 2.41., 2.43, and 2.44. – to be fixed once conditions finalised) at an agreed cost, which may be off-set against Development Contributions payable in respect of bulk civil engineering services. The Developer/owner will be liable for any shortfall.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons in the Planner’s report except reason 7.1.5 which is deleted and amended reason 7.1.6

7.1.6 The proposed consolidation, rezoning and subdivision will allow for a development with a socio-economic benefit that will make provision for a range of housing opportunities including the provision of inclusionary housing for different income groups, provide for commercial and social opportunities and allow for access to these opportunities from surrounding existing and future communities.

FOR INFORMATION:
ACTION: D STEVENS / T KOTZE