MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for subdivision of Remainder Erf 79204 Cape Town at Diep River into 2 portions (Erf 178294 and a Remainder), as per the plan of subdivision LUM/00/79204, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

b. The application for consolidation of Erf 178294 with Remainder Erf 79208 Cape Town at Diep River, as per the plan LUM/00/79204, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for subdivision of the consolidated erf into 5 portions, as per the plan of subdivision LUM/00/79204, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

d. The application for the rezoning of Portion 1 from Transport Zone 1 to Subdivisional Area for the purpose of General Residential Subzone GR4 and Local Business Zone 2, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

e. The application for the rezoning of Portion 4 from Transport Zone 1 to Subdivisional Area for the purpose of General Residential Subzone GR4, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

f. The application for departures, as set out in Annexure A, for Remainder Erven 79204 and 79208 Cape Town at Diep River, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

PROPOSED ADDITIONAL / AMENDED CONDITIONS RE CASE ID 70355981

3.1.5 A minimum of 30% of the flats to be developed on Portions 1 and 4 (that is 26, and 7 flats respectively), shall be reserved by the developer for sale and or rental to the gap housing market for people earning or with income levels of no more than R18,000.00 per month (2018 value increased annually in accordance with the CPIX).

3.1.5.1 Building plans submitted in terms of the National Building Regulations and Building Standards Act No. 103 of 1977 shall comply with condition 3.1.5 and indicate the location of the said units.

3.1.5.2 Prior to the approval of any building plan for the relevant portion, the developer shall submit to the Director: Development Management for approval, a mechanism to ensure that Condition 3.1.5 is effected in perpetuity. The approved mechanism shall be implemented to the satisfaction of the Director: Development Management prior to the occupation of any building on the relevant portion.

3.1.6 Prior to the approval of any building plan for Portions 2 and 3, the developer shall submit a site development plan for approval of the authorized official showing a minimum of 30% of the flats to be developed on Portions 2 and 3 (14 and 12 flats respectively) which the developer has reserved for sale and or rental to the gap housing market for people earning or with income levels of no more than up to R 18 000 per month (2018 value increased annually in accordance with the CPIX).

3.1.6.1 Building plans submitted in terms of the National Building Regulations and Building Standards Act No. 103 of 1977 shall comply with condition 3.1.6 and indicate the location of the said units.

3.1.6.2 Prior to the approval of any building plan for the relevant portion, the developer shall submit to the Director: Development Management for approval, a mechanism to ensure that Condition 3.1.6 is effected in perpetuity. The approved mechanism shall be implemented to the satisfaction of the Director: Development Management prior to the occupation of any building on the relevant portion.

3.1.7 Except for minor decorative features not projecting more than 500mm from the wall of a building, the envelope of all buildings on Portions 1 – 4 shall not exceed what is reflected on the plans drawn by Magqwaka Associates Architects, numbered LUM/00/79204/1, LUM/00/79204/2, LUM/00/79204/3, LUM/00/79204/4 and LUM/00/79204/5.

3.1.8 All building plans for Portions 1 – 4 shall be to the satisfaction of the Director: Urban Design in order to ensure a positive interface with the public realm.

3.1.9 The owner of Portions 1 – 4 shall ensure that each of these portions has a management structure that manages conduct of the residents and maintenance of the relevant portion. Prior to the approval of any building plan for the relevant portion, the owner shall submit to the Director: Development Management for approval, a document detailing the said management structure.

3.2 Landscaping

3.2.1 Prior to the approval of any building plan for the relevant portion, a landscaping plan for that portion of the property and the road reserves directly adjacent to that portion, must be submitted to the Director: Development Management for approval.

3.2.2 The approved landscaping plan for the relevant portion shall be implemented by and at the cost of the owner/developer of Remainder Erven 79204 & 79208 Cape Town, in accordance with the implementation plan, within 6 months of the completion of the building work on the relevant portion. Implementation shall be substantially in accordance with the relevant approved landscaping plan to the satisfaction of the Director: City Parks.

5.1.1 Portions 1 and 4 may only be developed with a block of flats, shops, offices and an early childhood development centre. Notwithstanding this, an early childhood development centre may only operate on the property with the written permission of the Director: Asset Management and Maintenance (Transport) who may require the payment of a development contribution in accordance with the relevant Council policy.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report.

1. The proposal is compatible with the surrounding land uses which have a wide range of land uses.
2. The proposal is consistent with the Municipal Spatial Development Framework, the Southern District Plan, the Main Road Growth Management Strategy, the Densification Policy, the Urban Design Policy, the Transit Orientated Development Strategic Framework and the Economic Growth Strategy.
3. The development will not result in an unacceptable traffic impact. The property is located adjacent to a railway station and very close to Main Road, and is located within a Transit Accessible Precinct (TAP).
4. Adequate on-site parking will be provided.
5. The proposal will have a positive socio-economic impact.
6. Sufficient services infrastructure capacity exists to support the development.
7. The proposal will not have a negative heritage impact.
8. The proposal will not have a significant impact on the biophysical environment.
9. The proposal does not significantly impact on any existing rights and does not lack desirability.
10. This proposal has been guided by principles to create spaces that are livable, equitable, sustainable, resilient and efficient, and support both economic opportunities and social cohesion.
11. The proposal advances the principles of spatial justice, spatial efficiency and spatial sustainability.

FOR INFORMATION:
ACTION: K MCGILTON / P HOFFA