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MPT North Eastern

Agenda item no

MPTNE 35/2/2017

Subject

APPLICATION FOR COUNCIL’S CONSENT FOR THE RELAXATION OF A RESTRICTIVE TITLE DEED CONDITION AND REGULATION DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015 : ERF 3315, EVERSDALE, 13 GARDENIA CRESCENT, EVERSDALE HEIGHTS ID: 70276394 F BENTING / S VAN RENSBURG

Meeting date

Tuesday, February 14, 2017

Resolution

Approved

Date closed

Friday, February 17, 2017

Resolution details

UNANIMOUSLY RESOLVED:

a) That the application for Consent use to relax both west and southern street building lines in the title deed to 0m in lieu of 6.3m on Erf 3315, Eversdal, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-law, 2015 in accordance with Plan No D0305.

b) That the application for Permanent departure to relax both west and southern street building lines to 0m in lieu of 4.5m on Erf 3315, Eversdal, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-law, 2015 in accordance with Plan No D0305.

REASONS FOR DECISION:

1. The proposed structure being separated from the existing dwelling is not habitable hence, no negative impact is envisaged on the existing noise levels.
2. The impact is further mitigated by the distance between the structure and the objector.
3. The scale, height, building articulation and screening of the structure due to existing boundary walls and vegetation are acceptable and will therefore not have a detrimental impact on the abutting owners or the existing streetscape.
4. The scale of the proposal is appropriate in comparison to what is permitted in terms of existing zonings and land uses.
5. The permanent departure and consent in terms of the title deed restrictions is not regarded to impact on the security, usage and enjoyment of the surrounding properties.
6. The proposal is in line with the District Plan by not detracting from the residential character.
7. With the abovementioned, the proposed building line departure and Title Deed relaxation are not considered to be a threat to the existing rights and the well-being of the immediate residents, hence desirable in terms of section 99(3) of the City of Cape Town Municipal Planning By-Law 2015.

FOR INORMATION:
ACTION: F BENTING / S VAN RENSBURG

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