View MPT resolution details
MPT South Western
Agenda item no
MPTSW 21/8/2020
Subject
WARD 62: APPLICATION FOR REZONING, SUBDIVISION, CONSOLIDATION,
CONSENT, COUNCILS APPROVAL, SITE DEVELOPMENT PLAN APPROVAL AND
DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: REMAINDER
ERF 4724 AND ERF 14038 CONSTANTIA, LADIES MILE ROAD
ID: 70472968
P EVARD / P HOFFA
Meeting date
Tuesday, August 18, 2020
Resolution
Approved
Date closed
Friday, August 21, 2020
Resolution details
RESOLVED that:
a) The application for the subdivision of Remainder Erf 4724 Constantia, as per plan of subdivision / consolidation LUM/16/4724, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions as set out in Annexure A.
b) The application for the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, as per plan of subdivision / consolidation LUM/16/4724, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
c) The application for rezoning from Utility Zone to General Business Subzone GB1, of the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, 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 Council’s approval in terms of Item 60(k)(ii) of the Cape Town Development Management Scheme to permit parking bays at ground floor level located closer than 10m from Ladies Mile Road and Simon van der Stel Freeway-M3, for the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.
e) The application for the approval of a site development plan, as set out in Annexure A, for the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.
f) The application for consent in terms of Item 59(b) of the Cape Town Development Management Scheme to permit a motor repair garage on the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.
g) The application for a departure from the Cape Town Development Management Scheme, as set out in Annexure A, on the consolidation of Portion A of Remainder Erf 4724 and Erf 14038 Constantia, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.
Conditions 2.1.2, 2.3.3.3 and 2.4.1 are amended as follows:
2.1.2 The detailed design of the building on the consolidated property as well as street boundary walls, fences and lighting shall be to the satisfaction of the Director: Development Management in order to ensure a positive interface between the building and the surrounding streets and minimize light spillage in the surrounding streets.
2.3.3.3The Ladies Mile/M3 terminal must be converted to a partial access and the right-turn on the M3 terminal approach (southern approach) must be omitted by means of a raised median.
2.4.1 Prior to the approval of building plans, the owner/developer shall pay a development charge (DC) in accordance with the approved Development Charges Policy for Engineering Services for the City of Cape Town. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R 3 674 998.82. This amount is valid until 2021-06-30 and the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA. The DC shall be paid prior to the approval of any building plan on the consolidated property.
The numbering under “General” be corrected
The note at the end of Annexure should read as follows:
Note: The conditions attached to this approval do not exempt the owner/developer from compliance with any other laws or requirements.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the Planner’s report,
FOR INFORMATION:
ACTION: P EVARD / P HOFFA