MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:
a. The deletion of the restrictive title deed conditions A. (a) (b) (c) and (d) as set out in title deed T47539/1988 in respect of erf 4450, Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The amendment of the original town establishment condition as set out in Annexure A in respect of erf 4450, Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The rezoning of erf 4450, Milnerton, from General Residential Subzoning GR2 to General Residential Subzoning GR4 BE APPROVED in terms of Section 98(b)(iii) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

d. The building line departures on erf 4450, Milnerton as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Drawing no. 18-79; dated 10/12/2019, subject to the conditions contained in Annexure A.

e. The parking departure to allow 32 parking bays in lieu of 40 parking bays on erf 4450, Milnerton BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Drawing no. 18-79; dated 10/12/2019, subject to the conditions contained in Annexure A.

f. The departure to allow a coverage of 90% in lieu of 60% on erf 4450, Milnerton BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Drawing no. 18-79; dated 10/12/2019, subject to the conditions contained in Annexure A.

g. The site development plan for erf 4450, Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Drawing no. 18-79; dated 10/12/2019, subject to the conditions contained in Annexure A.

h. City approval to permit the proposed development on erf 4450, Milnerton within the Koeberg Restriction Area Overlay Zoning BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to add the following reasons:

- A test conducted in terms of the Transport Evacuation model was positive

- None of the holders of rights in the title deed have objected to the removal of specific conditions in the title deed

Amend Annexure A:
1.1. Deletion of restrictive title deed conditions A. (a) (b) (c) and (d) of Title Deed T47539/1988 which read as follows:

1.1.1. Condition A. (a): That the erf be used for residential purposes only, provided that after having first obtained the written consent of the Local Authority, such use shall not exclude the erf being used for the erection thereon of a special building or a building designed for use as a place of public worship, a social hall, a parking garage, an institution, or a place of instruction.

1.1.2. Condition A. (b): That only one dwelling- house or one residential building, or subject to the consent of the Local Authority, a special building or a building designed for use as a place of public worship, a social hall, a parking garage, an institution, or a place of instruction, be erected on this erf.

1.1.3. Condition A. (c): That not more than 60% of the area of this erf be built upon.

1.1.4. Condition A. (d): That no building or structure or any portion thereof except boundary walls and fences, shall be erected nearer than 4,72 metres to the street line which forms a boundary of this erf. No such building or structure shall be situated within 1,57 metres of the lateral boundary common to any adjoining erf.

1.2. Amendment of the relevant original township establishment conditions as indicated in 1.1 above

2.2. Building plans shall be submitted generally in accordance with the plans attached as annexure C1 with Drawing no. 18-79; dated 10/12/2019 and annexure C2 with Drawing no. Erf 4450 Bloubergstrand Landscape Plan; dated 21-11-2018, as provided by the applicant




2.4 In terms of section 8.1 of the Development Charges (DC) Policy for Engineering Services for the City of Cape Town (approved policy C41/05/14-29 May 2014) development charges apply to this application. The total amount payable for the proposed rezoning from GR2 to GR4 in accordance with the attached DC calculation is R360 269, 01 (see Annexure F4 for DC calculation). It must be noted that the amount due will be escalated annually on 1 July with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA. DC payment is to be made prior to building plan approval.

2.7 Landscaping shall be implemented within the first winter rainfall cycle following the issuing of the occupancy certificate. However, if an alternative water source is available for irrigation purposes, the landscaping shall be implemented prior to the issuing of an occupation certificate. Should an alternative water source is available for irrigation purposes, the landscaping shall be implemented prior to the first winter rainfall cycle following the issuing of the occupancy certificate.

2.8 Implementation of the landscape plan shall be to the satisfaction of the Dir: DM. An onsite meeting shall be arranged for this purpose with the Environmental and Heritage Management Branch on completion of such landscaping.

2.11 The building plans to be submitted shall include additional sections through the building which indicate the swimming pool, planting and pots with trees above the basement,

Delete condition 2.5 and update numbering sequence

FOR INFORMATION: SHABALALA / MARAIS