MPT South Western

Resolution details

RESOLVED UNANIMOUSLY

a. That the application for deletion of restrictive title deed conditions, as set out in Annexure A, for Erven 801, 802 & 803 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. That the application for deletion of a condition of an existing approval, as set out in Annexure A, for Erven 801, 802 & 803 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. That the application for deletion of a restrictive title deed condition, as set out in Annexure A, for Erven 801, 802 & 803 Constantia, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

d. That the application for deletion of a condition of an existing approval, as set out in Annexure A, for Erven 801, 802 & 803 Constantia, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

AMENDED ANNEXURE A

1. APPLICATIONS GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW:

1.1. Deletion of the following restrictive conditions from title deed T15500/1985:

Erf 801
1.1.1 Condition 1.C(4)(b): “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”
1.1.2 Condition 1.C(4)(c): “No building or structure or any portion thereof except boundary walls and fences shall be erected nearer than 9.45 metres to any boundary of this erf.
Except with the consent of the controlling authority as defined in Act 21 of 1940 no building or structure or any portion thereof except boundary walls or fences shall be erected nearer than 31.49 metres to the centre line of Rhodes Drive.”

Erf 802
1.1.3 Condition 2.C referring to conditions) 1.C(4)(b) & 1.C(4)(c).

Erf 803
1.1.4 Condition 3.C(4)(b): “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”
1.1.5 Condition 3.C(4)(c): “No building or structure or any portion thereof except boundary walls and fences shall be erected nearer than 9.45 metres to any boundary of this erf.”

1.2 Deletion of conditions of an existing approval imposed in terms of Ordinance 33 of 1934:

Erf 801
1.2.1 “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”
1.2.2 “No building or structure or any portion thereof except boundary walls and fences shall be erected nearer than 9.45 metres to any boundary of this erf.
Except with the consent of the controlling authority as defined in Act 21 of 1940 no building or structure or any portion thereof except boundary walls or fences shall be erected nearer than 31.49 metres to the centre line of Rhodes Drive.”

Erf 802
1.2.3 “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”
1.2.4 “No building or structure or any portion thereof except boundary walls and fences shall be erected nearer than 9.45 metres to any boundary of this erf.
Except with the consent of the controlling authority as defined in Act 21 of 1940 no building or structure or any portion thereof except boundary walls or fences shall be erected nearer than 31.49 metres to the centre line of Rhodes Drive.”

Erf 803
1.2.5 “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”
1.2.6 “No building or structure or any portion thereof except boundary walls and fences shall be erected nearer than 9.45 metres to any boundary of this erf.”

2. APPLICATIONS REFUSED IN TERMS OF SECTION 98 (c) OF THE BYLAW:

2.1. Deletion of the following restrictive conditions from title deed T15500/1985:

Erf 801
2.1.1 Condition 1.C(4)(a): “It shall not be subdivided.”

Erf 802
2.1.2 Condition 2.C referring to conditions 1.C(4)(a)

Erf 803
2.1.3 Condition 3.C(4)(a): “It shall not be subdivided.”

2.2 Deletion of conditions of an existing approval imposed in terms of Ordinance 33 of 1934:

Erf 801
2.2.1 “It shall not be subdivided.”

Erf 802
2.2.2 “It shall not be subdivided.”

Erf 803
2.2.3 “It shall not be subdivided.”

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report and deleted reason 7.1.11

Reason for REFUSAL of Recommendation 8.3 and 8.4 are set out below:

7.2.1 Any relaxation/removal of the title condition relating to subdivision can be considered at the time of application for such cadastral subdivision submitted in terms of the Municipal Planning Bylaw 2015.

FOR INFORMATION:
ACTION: P ABSOLON / P HOFFA