MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:
a. The deletion of the restrictive title deed conditions B.1. (a), (b), (c) and (d) as set out in title deed T38686/2000 in respect of erf 4461, 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 4461, Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The parking departure to allow 0 parking bays in lieu of 22 parking bays on erf 4461, Milnerton BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Drawing no. 16-80; dated 03/10/2016, subject to the conditions contained in Annexure A.

d. City approval to permit the proposed development on erf 4461, Milnerton within the Koeberg Restriction Area Overlay Zoning BE GRANTED 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.

Amend Annexure A:
1.1. Deletion of restrictive title deed conditions B.1. (a), (b), (c) and (d) of Title Deed T38686/2000:
1.1.1. Condition B.1.(a) That this erf be used for the purposes associated with the types of buildings stated in the following sub-paragraphs.
1.1.2. Condition B.1.(b) That only one building for the use as a Petroleum Filling Station, a Licensed Hotel, a Café which shall not include any other kind of shop or a building combining two or more of such uses, be erected on this erf, provided that after having first obtained the written consent of the Local Authority a special building or a building designed for use as a place of worship, a social hall, an institution, a parking garage or a place of instruction may be erected on the erf.
1.1.3. Condition B.1.(c) That not more than 60% of the area of this erf be built upon.
1.1.4. Condition B.1.(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.

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 additional bulk in accordance with the attached DC calculation is R231 266, 04 (see Annexure F3 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.

FOR INFORMATION: SHABALALA / MARAIS