Resolution details
UNANIMOUSLY RESOLVED that:
a. The application for Council’s consent to relax the 9,4m street building line in condition E.4.(c) of Title Deed No T38397/2017 for Erf 1116, Bakkershoogte, to 5,35m to regularise the existing outbuilding (sunroom), as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
b. The application for Council’s consent to relax the 1,57m common building line (adjoining Erf 1119, Bakkerhoogte) in condition E.4.(c) of Title Deed No T38397/2017 to 0m to regularise the existing outbuilding (sunroom) , as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
c. The application for a regulation departure from the DMS for Erf 1116, Bakkershoogte, to permit the relaxation of the 6m street building line (Waveren Avenue) to 5,35m to regularise the existing outbuilding (sunroom), as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
d. The application for Council’s consent to relax the 1,57m common building line (adjoining Erf 1115, Bakkerhoogte) in condition E.4.(c) of Title Deed No T38397/2017 for Erf 1116, Bakkershoogte, to 0m to regularise the retaining wall and raised stoep, as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
e. The application for a regulation departure from the DMS for Erf 1116, Bakkershoogte, to permit the relaxation of the 6m common building line (adjoining Erf 1115, Bakkershoogte) to 0m to regularise the retaining wall and raised stoep, as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
f. The application for a regulation departure from the DMS for Erf 1116, Bakkershoogte, to permit the ground floor of the main dwelling to be raised 2,69m above EGL in lieu of the specified maximum of 1,5m, as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
g. The application for a regulation departure from the DMS for Erf 1116, Bakkershoogte, to regularise the street boundary wall of 2,436m in height in lieu of 2m as measured from EGL, with a retaining wall of 1,6m in lieu of 1m and 0% permeability in lieu of the specified minimum of 60%, as reflected on plan no HO1-163/1218 dd 2019-08-29, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report except reasons 6.1.1 and 6.1.2 which are amended as follows:
6.1.1 As much as unauthorised building work that encroaches the DMS building lines is not to be condoned, it is not grounds in itself for the lack of desirability of the structures concerned and the application was still be assessed on its own merits.
6.1.2 The building lines in the Title Deed predate the DMS and have been replaced by far more effective setbacks and parameters. This condition thus is seen to be superfluous and the necessary consent can be granted. Furthermore, the relaxation of the building lines in the title deed will not result in any negative impact on surrounding properties
FOR INFORMATION: WAGNER/ WILLIAMS
