MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for the consolidation of Erven 13707 and 13708 Constantia, as per plan of consolidation LUM/16/13707, IS APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The application for rezoning from Utility Zone to General Business Subzone GB1, of Erven 13707 and 13708 Constantia, IS APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

c. The application for Council’s approval in terms of Item 60(k)(ii) of the Cape Town Development Management Scheme to permit parking bays at ground floor level located closer than 10m from Ladies Mile Road and Simon van der Stel Freeway-M3, for Erven 13707 and 13708 Constantia, IS APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.

CONDITIONS:
• 4.1.1 ‘The detailed design of the development as well as street boundary walls and fences shall be to the satisfaction of the ED: EESP in order to ensure a positive interface between the buildings and the surrounding streets’
• Delete condition 4.3.11.2


REASONS FOR DECISION:

1. The proposal is of an appropriate scale and form that relates to the surrounding urban fabric. It is significantly less than what is permitted in a GR1 zone
2. The proposal will not have a negative impact on neighbouring properties.
3. The proposal is consistent with the Cape Town Spatial Development Framework, the Urban Design Policy, the Economic Growth Strategy and the Scenic Drive Network Management Plan.
4. Although the proposal does not comply with the Southern District Plan, a deviation in this specific instance is justified.
5. Adequate on-site parking will be provided and the proposal will not have a negative impact on traffic, particularly given the proposed road upgrades
6. The proposal will not have a negative heritage impact
7. There is adequate infrastructural capacity for the proposal.
8. The proposal will not have a negative socio-economic impact.
9. The proposal is desirable and does not impact on existing rights, and meets all the desirability criteria in Section 99 of the Municipal Planning By-Law
10. Both erven are isolated from surrounding properties and do not border any residential properties. The precinct is surrounded by substantial roads.
11. The height of the main part of the building is less than 12m, which is well within the 15m height restriction applicable to the properties proposed GB1 zone of 15m and less than 1m higher than that of a dwelling house permitted on a property exceeding 650m².
12. With the buildings which are relatively low in height, and partially shielded from view from Ladies Mile Road and Spaanschemat River Road by existing trees, and shielded from view, to some extent at least, from the M3 Freeway by the existing embankment, the proposal will not have a negative impact on the streetscape.


13 Most of the parking provided is located below ground level which would reduce the extent of visible parking.
14 Careful attention has been given to the design of the buildings, with an attractive western elevation which would be orientated toward Ladies Mile Road, an eastern elevation located partially below existing ground level and shielded from view by an embankment and landscaping, as well as being separated visually into smaller component with open areas and an articulated roof design (as opposed to a large monolithic structure).
15 The impact on the general character of the local area will be acceptable. The property is located on the edge of Constantia, adjacent to a freeway and other high order roads.
16 The proposal is consistent with the principle of spatial justice in Section 59(1)(a) of the Land Use Planning Act (LUPA) and 7(a)(i) of the Spatial Planning and Land Use Management Act (SPLUMA)

ACTION BY: P Evard/P Hoffa