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MPT South Western

Agenda item no

MPTSW 17/10/2022

Subject

WARD 62: APPLICATION FOR REZONING, SUBDIVISION, PHASING, CONSENT, DELETION OF TITLE DEED CONDITIONS, AND DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: REMAINDER ERF 212 & ERVEN 242, 503 & 511 BISHOPSCOURT, KIRSTENBOSCH DRIVE AND WINCHESTER AVENUE, NEWLANDS & BISHOPSCOURT CASE ID: 70539104 F CURRIE / P HOFFA

Meeting date

Tuesday, October 18, 2022

Resolution

Approved

Date closed

Wednesday, October 19, 2022

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for rezoning of Erven 242, 503 & 511 Bishopscourt to Subdivisional Area Overlay Zone (to permit for Erf 242: 86 Single Residential Zone 1 portions, 4 Open Space Zone 2 portions & 3 Transport Zone 2 portions; for Erf 503: 11 Single Residential Zone 1 portions; for Erf 511: 35 Single Residential Zone 1 portions, 1 General Residential Subzone GR1 portion, 1 Utility Zone portion, 1 Transport Zone 2 portion & 1 Open Space Zone 2 portion), BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

b. The application for rezoning of Remainder Erf 212 from Agricultural Zone to Open Space Zone 2, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for subdivision of Erven 242, 503, 511 and the further subdivision of erven 512 and 513 Bishopscourt, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, as per the plans of subdivision LUM/20/242, LUM/20/503, LUM/20/511, LUM/20/512 & LUM/20/513 subject to the conditions contained in Annexure A.

d. The application for the implementation of the subdivisions set out in 8.3 above in phases, as shown on the subdivision phasing plan LUM/20/242P, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

e. The application for consent in terms of Item 21(c) of the Development Management Scheme for a utility service on Portion of portion 670, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

f. The application for deletion of restrictive title deed conditions, as set out in Annexure A, for Erven 503 & 511 Bishopscourt, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

g. The application for departures, as set out in Annexure A, for Erf 242 Bishopscourt, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

ANNEXURE A

Amended Applications Granted

1.4 Consent
1.4.1 Consent in terms of Item 21(c) of the Development Management Scheme for a utility service (sewerage pump station) on Portion of portion 670 zoned Single Residential Zone 1.

Heading of departures 1.6 be changed as follows:

1.6 Departures from the provisions of Schedule 8 (S8/214) applicable to Erf 242: in order to accommodate the proposed development

AMENDED CONDITIONS

3.3.1 The road and parking on Portions 515 and 516 shall be constructed at the cost of the owner of Erf 511, to the satisfaction of the Director: Roads Infrastructure and Management.

4.3.1 An owners’ association for all portions of Erf 513 must be established in accordance with the provisions of Section 61 of the By-Law and shall come into being before the City will certify in terms of Section 137(3) of said by-law that any condition on which the subdivision was granted, has been complied with. The owners’ association shall control and manage Portion 668.

4.4.8 Erf 671 shall be transferred to the City free of all costs (including to cost of the land, conveyancing, survey, transfer, etc).

4.6 Servitudes
4.6.1 Stormwater servitudes shall be registered over Portions 648, 659 & 660 in favour of the City, as shown on plan of subdivision LUM/20/513. The conditions of the servitudes shall be to the satisfaction of the Director: Roads Infrastructure and Management.
4.6.2 A services servitude shall be registered over Portion 659 in favour of Portion 512, as shown on plan of subdivision LUM/20/513. The conditions of the servitude shall be to the satisfaction of the Director: Sanitation.

5.6 Servitudes
5.6.1 A stormwater servitude shall be registered over Portion 628 in favour of Erf 669, as shown on plan of subdivision LUM/20/512. The conditions of the servitude shall be to the satisfaction of the Director: Roads Infrastructure and Management.
5.6.2 A services servitude shall be registered over Portion 627 in favour of Portion 669, as shown on plan of subdivision LUM/20/512. The conditions of the servitude shall be to the satisfaction of the Director: Sanitation.

6.5 Portions 87 - 93
6.5.1 Portions 87 – 93 shall be transferred to the City free of all costs (including to cost of the land, conveyancing, survey, transfer, etc). No portion shall be left as a remainder.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report


FOR INFORMATION:
ACTION: F CURRIE / P HOFFA

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