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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 8/2/2019

Subject

WARD 46: APPLICATION FOR DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 35486 CAPE TOWN AT ATHLONE IN RYLANDS ESTATE, 92 RUTH ROAD, RYLANDS ESTATE ID: 70389344 Q SAVAHL / A MCCANN

Meeting date

Tuesday, February 19, 2019

Resolution

Refused

Date closed

Wednesday, February 27, 2019

Resolution details

RESOLVED UNANIMOUSLY

That the application for a Height Departure (from 3.5m to 6.46m) on Erf 35486 Cape Town BE REFUSED in terms of Section 98(c) of the Municipal Planning By-law, 2015.

REASONS FOR DECISION:

That the more detailed reasons for the REFUSAL of the application is set out in the planner’s report, the conclusions may be summarized as follows:

1. The proposal is not compatible with the moderately dense suburban built form character that exists in the area.
2. The 6,46m structure on the common boundaries will be visually overbearing over two adjacent erven, both of whose owners have objected.
3. The long and high blank facades on the common boundaries will have a negative impact on the neighbour’s small, private outdoor spaces on their properties.
4. The proposed structure will negatively affect morning sunlight on Remainder Erf 35492 and during the day on Remainder Erf 35487, particularly in winter.
5. The proposal are not considered to be desirable in terms of Section 99 in the Municipal Planning Bylaw, 2015
6. The proposal will have a negative visual impact on both of the objector’s properties.
7. It is in fact possible for the owner to provide this entertainment area elsewhere on the property within the Development Management Scheme rules.

FOR INFORMATION:
ACTION: Q SAVAHL / A MCCANN

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