Resolution details
RESOLVED UNANIMOUSLY
a. That the application for the Rezoning of Remainder Erf 15599 and Remainder Erf 37119 in terms of Section 42(a) of the Municipal Planning By-Law, 2015 from Agriculture zone (AG) to Subdivisional Area BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
b. That the application for the Subdivision in terms of Section 42(d) of the Municipal Planning By-Law, 2015, of remainder Erf 15599, Durbanville into 8 portions:
o Portion A (3756m²)
o Portion B (1,7869ha)
o Portion C (1,6250ha)
o Portion D (18m²)
o Portion E (1525m²)
o Portion H (30m²)
o Portion J (24m²)
o Portion K (24m²)
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
c. That the application for the Subdivision in terms of Section 42(d) of the Municipal Planning By-Law, 2015, of Remainder Erf 37119, Kraaifontein into 2 portions:
o Portion F (9,5433ha)
o Portion G (8,5903ha)
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
d. That the application for the Subdivision in terms of Section 42(d) of the Municipal Planning By-Law, 2015, of portion F into:
o Portions 1- 49, 54B
o Portions 50- 53, 72
o Portion 73
o Portion 74
o Portion 70
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
e. That the application for the Subdivision in terms of Section 42(d) of the Municipal Planning By-Law, 2015, of portion G into:
o Portions 54A - 55
o Portions 56
o Portions 58 – 63
o Portions 64 - 66
o Portion 71
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
f. That the application for the Subdivision in terms of Section 42(d) of the Municipal Planning By-Law, 2015, of portion 58 to 63 into 106 group housing erven including private roads BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
g. That the application for the implementation of the subdivision approval in phases in terms of Section 42(e) of the Municipal Planning By-Law, 2015 as per the plan of subdivision BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
h. That the application for the Consent use in terms of section 42(i) of the Municipal Planning By-Law, 2015, to permit Utility service on Open Space 3 zone to accommodate the stormwater detention facility BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
i. That the application for the Departures in terms of section 42(b) of the Municipal Planning By-Law, 2015, to permit the following building lines for the group housing within portion G:
o Street:
o 2,6m external street in lieu of 5.0m
o Common:
o 1.1m external common boundaries in lieu of 3.0m.
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015.
j. That the application for the Departures in terms of section 42(b) of the Municipal Planning By-Law, 2015, to permit the following building lines for the flats within portion G:
o Common:
o 4.5m in lieu of 4,5m or 0,6 H(0,0m up to 15m height for 18m from street)
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015.
k. That the application for the Departures in terms of section 42(b) of the Municipal Planning By-Law, 2015, to permit the following parking departure for the flats within portion 54 and 55:
o 1.75 bays in lieu of 1,75 bays per dwelling unit, plus 0,25 bays per dwelling
BE APPROVED in terms of Section 98 of the Municipal Planning By-law, 2015.
Conditions
The Development Contribution (DC) amount in condition 2.1.4 is rectified and should be R 25775 733.11 (Vat inclusive)
Conditions 2.3, 2.7, 2.10 and 2.13 are amended as follows:
2.3 That a fully descriptive Site Development Plan indicating parking, traffic flow, departure use areas, refuse collection, etc. be submitted for approval by the Commissioner TDA for each phase/portion prior to building plan approval, generally in accordance with the plans in Annexure C
2.7. That the constitution of the Master Property Owners Association/Owners Association(s) be submitted to TDA: Development Management prior to building plan approval for approval in terms of section 62(2) of the City of Cape Town Municipal Planning By-law, 2015.
2.10. The Master Property Owners Association/Owners Association shall be responsible for the maintenance of all on-site landscaping, as well as landscaping along the public road reserves abutting the development, as illustrated on the approved Master Landscape Plan (MLP).
2.13. The Master Landscape Plan (MLP) and Landscape Development Guidelines for Erf 15599 and 37119 Kraaifontein must be submitted by the owner/developer, prior to any Site Development Plan submission, to the Director: Development Management - Northern District for approval. The said documents shall address points I - IX of the Environmental Management Department’s memorandum, dated 13 March 2018.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the Planner’s report and added an additional reason that reads as follows:
7.1.8 The proposal fulfils the desirability criteria in accordance with Section 99 of the Municipal Planning By-law, 2015.
FOR INFORMATION:
ACTION: L VAN BLERK / S VAN RENSBURG
