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View MPT resolution details

MPT North Eastern

Agenda item no

MPTNE 19/5/2019

Subject

WARD 28 : APPLICATION FOR CONSENT USE AND PERMANENT DEPARTURE IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 : ERF 12945, 58 COMMERCIAL ROAD, CLARKES ESTATE, GOODWOOD ID: 70304594 J LOOTS / T KOTZE

Meeting date

Tuesday, May 14, 2019

Resolution

Refused

Date closed

Friday, May 17, 2019

Resolution details

RESOLVED UNANIMOUSLY

a. That the application for consent use to operate a place of entertainment from erf 12945, Goodwood, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-law, 2015,

b. That the application for permanent departure in respect of erf 12945, Goodwood, in order to relax the on-site parking requirement from 10 bays to 7 bays, 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 reasons set below

1. The proposed land use is not considered to be consistent with spatial planning principles, especially with regard to an harmonious quiet residential environment in which residents are able to reasonably enjoy the use of their property
2. The scale of the of the land use is inappropriate for this kind of activity
3. The current experience of the negative impact on the neighborhood.
4. Council cannot impose mitigating conditions that will contain the negative impact of the activity
5. The applicant has not offered a credible rebuttal to the objections
6. The proposal does not satisfy the desirability criteria contained in Section 99(3) of the Municipal Planning By-Law with specific reference to compatibility and the impact on surrounding properties, the area and existing rights

FOR INFORMATION:
ACTION: J LOOTS / T KOTZE

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