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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 14/12/2016

Subject

APPLICATION FOR CONSENT, DEPARTURES AND COUNCIL'S APPROVAL IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015 ERF 13294 FISH HOEK, 1 KLIPPER CRESCENT, SUN VALLEY/CASE ID:70256936 B MKUZANGWE/P HOFFA

Meeting date

Tuesday, December 13, 2016

Resolution

,Approved

Date closed

Tuesday, January 10, 2017

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for consent in terms of Item 21(c) of the Development Management Scheme, to permit a place of instruction (Early Childhood Development Centre) on Erf 13294 Fish Hoek IS 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 consent in terms of Item 21(c) of the Development Management Scheme to operte a place of instruction (swimming school) on the property, as set out in Annexure A on Erf 13294 Fish Hoek 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 applicaiton for Coucil’s approval in terms of Item 14 of the Development Management Shceme to permit an occasional use to host children’s parties on Erf 13294 Fish Hoek IS REFUSED in terms of Section 98(c) of the Municipal Planning By-Law 2015

d. The application for departures from the Development Management Scheme as set out in Annexure A IS APPROVED in terms of Section 98(b) of the Municipal Planning By-Law 2015

Annexure A:
Delete 2.1, 6.1, 6.2 and 6.3

REASONS FOR DECISION:

1. The ECD is a small-scale facility
2. The place of instruction will not impact on the character of the area or the neighbouring properties
3. The driveway provides 3 parking bays for staff. It is satisfactory and the proposal will not have a negative traffic impact
4. Conditions are proposed to mitigate the potential impact of this activity
5. The residential appearance of the property will not be significantly affected
6. There are limited outdoor play times
7. The Provincial Noise Control Regulations are applicable and are used to regulate noise
8. The swimming pool will be enclosed which will significantly limit the noise impact
9. The roads are wide enough to accommodate on-street parking. In this regard it must be noted that as the density of the area is so low and as the subject property is located directly opposite a place of worship with a very long frontage, the amount of on-street parking available is particularly high
10. The setback departures relating to the ECD Centre are for minor structures, such as outdoor play structures, rabbit pen, etc.
11. The departures relating to the pool enclosure are for a single storey building only


12. The proposal is consistent with the Southern District Plan and the Municipal Spatial Development Framework. The deviation from Early Childhood Development Land Use Policy is reasonable in this instance and only relates to there being no residential component. Had the ECD Centre accommodated just 1 child extra, no residential component would be required.

ACTION: B Mkuzangwe/P Hoffa

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