View MPT resolution details
MPT South Western
Agenda item no
MPTSW 16/9/2018
Subject
WARD 74 : APPLICATION FOR AMENDMENT OF A CONDITION OF APPROVAL AND DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 6210 HOUT BAY, 6 FYNBOS CLOSE, BOKKEMANSKLOOF
ID: 70325412
F CURRIE / P HOFFA
Meeting date
Tuesday, September 18, 2018
Resolution
Refused
Date closed
Tuesday, September 25, 2018
Resolution details
RESOLVED UNANIMOUSLY
a. That the application for the amendment of a condition of approval, as set out in Annexure A, for Erf 6210 Hout Bay, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015,
b. That the application for departures, as set out in Annexure A, for Erf 6210 Hout Bay, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.
REASONS FOR DECISION:
The MPT REFUSED the application for the following reasons
1. The proposal is proposed on a steep land requiring extensive cut and fill
2. The proposal will have a negative visual impact, being located high up on the slope above existing development in Bokkemanskloof.
3. The use of Blue Valley Road development as precedent is not appropriate
4. The proposed location is close to an existing stream course, and requires unnecessary building line departures
5. The proposal has not been supported by the Department – Urban Planning and Mechanisms – in terms of non-compliance with the Fire Management Policy, and is found not to be desirable or appropriate in the context
6. The proposal is not aligned to good urban design practice
7. The Township conditions, which all the other residence have complied with, as set out in paragraph 6 under 2.2 Desirability of the relevant report (folio 632) are appropriate and well thought through, and should be complied with.
8. The owner is part of a private estate, and the building lines were agreed on purchase, which are binding in terms of the approval conditions
9. The proposed area for building in terms of the original approval is appropriate as the land is more gently sloping and adjacent to the access road, whereas a development up-slope will require a long access road.
FOR INFORMATION:
ACTION: F CURRIE / P HOFFA