MPT South Western

Resolution details

The Municipal Planning Tribunal South-western Panel APPROVES the application for the subdivision to create a servitude right of way over erf 177476 Cape Town in favour of erven 88287 and 168131 Cape Town as per plan LUM/00/177476, in terms of Section 98(b) of the Municipal Planning By-law, 2015;

b) The Municipal Planning Tribunal South-western Panel APPROVES the consent for air and underground rights in terms of Item 87(b) of the Development Management Scheme for erf 177476 Cape Town, in terms of Section 98(b) of the Municipal Planning By-law, 2015, subject to the conditions contained in Annexure A, attached to the departmental report dated 2016-10-20;

c) The Municipal Planning Tribunal South-western Panel APPROVES departures, as set out in Annexure A, for erf 177476 Cape Town, in terms of Section 98(b) of the Municipal Planning By-law, 2015, subject to the conditions contained in Annexure A, attached to the departmental report dated 2016-10-20.

d) The Municipal Planning Tribunal South-western Panel APPROVES Council’s approval in terms of Item 162(1) of the Development Management Scheme to permit building work in the Muizenberg-St James-Kalk Bay Heritage Protection Overlay Zone on erf 177476 Cape Town, in terms of Section 98(b) of the Municipal Planning By-law, 2015, subject to the conditions contained in Annexure A, attached to the departmental report dated 2016-10-20.

REASONS FOR DECISION:

1. The proposal will not negatively affect the character of the area or impact negatively on the neighbouring properties.
2. Conditions will ensure that impact of the proposal on the environment is low.
3. The proposal will have no negative heritage impact.
4. The proposal will not cause any negative traffic related impacts.
5. Adequate municipal services are available.
6. The proposal is consistent with the Municipal Spatial Development Framework; Southern District Plan, the Cape Town Densification Policy, the Urban Design Policy and the Scenic Drives Policy.
7. The floor space of the dwelling will be 929m² which is significantly less than the maximum size of 1500m² permitted on an Erf exceeding 650m².
8. The large setbacks from the boundaries and the very large erf size, to some extent at least, mitigate the visual impact of the massing.
9. The top of building will be substantially lower than the height of Boyes Drive.
10. Only a portion of the building will appear to be 3 storeys due to the retaining walls that will screen much of the bottom storey, much of which comprises a large garage.
11. Although being 3 storeys, this is significantly mitigated by the fact that the roof will be of a very low pitch. Thus, despite the height departure in terms of the number of storeys, the building height in metres will not be excessive and will not be untypical of some other buildings in the broader area.
12. Significant space around the edges of the property are to be landscaped or left in its natural state. Much of the property will be left undeveloped.
13. The servitude will facilitate vehicular access to properties that would otherwise not have vehicular access.

ACTION: K MCGILTON/P HOFFA