MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
a. The deviation from the MSDF on a portion of Remainder Erf 18332, Khayelitsha, in order to permit residential mixed use, open space and associated infrastructure BE SUPPORTED

b. The application in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015, for subdivision of Remainder of Erf 18332, into two portions namely a portion 1 and Remainder of Remainder Erf 18332, Khayelitsha, as indicated on plan of subdivision, drawing no, Enk-300/Phase 2, revision no. 2, dated 3/12/2019 (see Annexure C) BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.

c. The application in terms of Section 42(f) of the City of Cape Town Municipal Planning By-Law, 2015, for consolidation of Erf 72726 Khayelitsha with the aforementioned portion 1 of Remainder of Erf 18332, as indicated on Plan of consolidation, drawing no, Enk-200/Phase 2, revision no. 2, dated 3/12/2019 (see Annexure D), BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town Municipal Planning By-Law, 2015.

d. The application in terms of Section 42(l) of the City of Cape Town Municipal Planning By-Law, 2015, for the amendment of General Plan No. GP 476/2010, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015.

e. The application in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 for the rezoning of the consolidated property (i.e. consolidation of erf 72726 with the abovementioned portion 1 of remainder erf 18332 Khayelitsha), from Single Residential zone 2 and Limited Use zone to Sub-divisional Area Overlay Zone (dwelling houses, public open space, community uses, mixed use, retention pond, substations and public roads), BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.

f. The detailed subdivision plan in respect of phases 1 to 7, plan no. ENK-400/phase 2 revision 2 dated 3/12/2019 (see Annexure E) BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A. and that the subdivision of Phases 8 to 14 BE REFUSED in terms of Section 98 (c) of the City of Cape Town Municipal Planning By-Law, 2015.

g. The application in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, 2015, for a consent use in order to allow a place of assembly on proposed portion 2592, BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.

h. The application in terms of Section 42 (e) of the City of Cape Town Municipal Planning By-Law, 2015 for the implementation of subdivision of the consolidated erf (erf 72726 with portion 1 of remainder erf 18332 Khayelitsha), in 14 phases as indicated on subdivision phasing plan no. ENK-500/phase 2 revision 2 dated 3/12/19 BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town Municipal Planning By-Law, 2015.

Application granted 1.6.1 has been amended as per the amendment of recommendation F

Conditions 2.1, 2.10 and 2.25, 2.27 are amended as follows:

2.1 The following zonings will be applicable in accordance with the attached subdivision plan no. ENK-400/phase 2 revision 2 dated 3/12/2019 only in respect of phases 1 to 7


Portion No Proposed
Zoning Proposed Usage Extent Density & restrictions
6735 Single
Residential 2
(SR2) Dwelling Houses 502754m2
(50.275ha) Development
Management Scheme
4 Mixed Use 1
(MU1) Mixed Use 18660m2
(1.866ha) Development
Management Scheme
6 Open Space 2
(OS2) Public Open
Space 69421m2
(6.942ha) Development
Management Scheme
1 Open Space 3
(OS3) Private Open
Space 45200m2
(4.520ha) Development
Management Scheme
4 Community 1
(CO1) Schools 55359m2
(5.536ha) Development
Management Scheme
2 Community 2
(CO2) Civic Precinct
(clinic, library and
multipurpose hall) 6915m2
(0.691ha) Development
Management Scheme
13 Community 1
(CO1) ECD’s and Places
of Worship 10997m2
(1.099ha) Development
Management Scheme
1 Utility Stormwater
Detention Pond
and Electrical
Substation 19023m2
(1.902ha) Development
Management Scheme
Transport 2 Remainder
Public Roads 258749m2
(25.875ha) Development
Management Scheme
TOTAL 6766 987078m2
(98.708ha)

2.10 The developer/operator shall if so required pay a development contribution towards the provision of external municipal services in accordance with the approved Development Charges (DC) Policy for Engineering Services for the City of Cape Town.

2.25 Servitude(s) shall be registered over all sewer services which fall outside the road reserve, with a minimum width of 3.0m or twice the depth, whichever is the greatest.

2.27 A landscape master plan shall be submitted for the approval of the authorized official, prior to Section 137 clearance, which shall be implemented by and at the cost of the developer.

REASONS FOR DECISION
The MPT partially APPROVED and partially REFUSED the application for the reason set out below

Reasons for approval
1. A site specific deviation from the MSDF and District Plan is justified and therefore supported.
2. The proposal is broadly consistent with relevant Council Policies.
3. The proposal will contribute to addressing the dire need for subsidy housing and upgrading of the informal settlement on the subject property.
4. By imposing conditions, the proposal will pose no adverse impacts on surrounding properties.
5. The proposed development would not detract from any existing rights of surrounding properties.
6. The proposal poses no adverse traffic, parking and safety impacts.
7. Sufficient engineering services capacity exists in order to service the proposed development.
8. Current Waste Water Treatment Works (WWTW) capacity constraints will be addressed by appropriate phasing of the development.
9. The livelihoods and quality of living environment of beneficiaries will be significantly improved as a result of the proposal at hand.

Reasons for refusal of detailed subdivisional plan for Phases 8 to 14
1. Insufficient attention given to landscaping along Baden Powel drive and the remainder of the site.
2. Inadequate consideration given to formal business sites along the structuring routes as per the District Plan.
3. Insufficient consideration given to increasing densities particularly around the public transport and the structuring routes and including consideration including in-situ upgrades within the superblocks

FOR INFORMATION: ALLIE / DE KLERK