MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for consent use in terms of Section 42(i) of the City of Cape Town, Municipal Planning By-Law, 2015, in order to permit the erection of a freestanding cellular telecommunications base station on a community zone 1, property, on a portion of Erf 1015, 14 Mimosa Avenue, Kleinvlei, BE REFUSED in terms of Section 98(c) of the City of Cape Town Zoning Municipal Planning By-Law, 2015, subject to conditions contained in the attached Annexure A.

b. The application for consent in terms of Section 42(h) of the City of Cape Town, Municipal Planning By-Law, 2015 (relating to title deed condition number 6.2 of title deed number: T53280/09) to permit a building or structure to be erected nearer than 5m to a boundary of erf 1015, 14 Mimosa Avenue, Kleinvlei Town, BE REFUSED in terms of Section 98(c) of the of the City of Cape Town, Municipal Planning By-Law subject to the conditions as set out in the attached Annexure A.

c. The application for permanent departure in terms of Section 42(b) of the City of Cape Town, Municipal Planning By-Law, 2015, in order to permit a street building line of 0.5m in lieu of 5m from the Mimosa Avenue and Port Jackson Street splay corner, BE REFUSED in terms of Section 98(c) of the City of Cape Town, Municipal Planning By-Law.

REASONS FOR DECISION
The MPT REFUSED the application for the following reasons:

1. The visual and physical impact of the proposed infrastructure on the surrounding area is considered to be severe
2. The proposal is considered to have a negative impact on the environment
3. The proposal is deemed to have a seriously negative effect on the character of the area
4. The proposal is considered to be undesirable
5. Alternative options have not been explored
6. There is insufficient space to erect a freestanding base telecommunications station on this specific site
7. The existing unauthorized extensions to the church building work, which encroaches into the street building lines, in addition to the proposed freestanding cellular telecommunications base station, will further compromise future on-site parking requirements.

FOR INFORMATION: ALLIE / HANEKOM