MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for deletion of restrictive title deed conditions, as set out in Annexure 1, for Erf 55767 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The application for consolidation of Erven 55702, 55760, 55767, 57246 and Remainder Erf 55703 Cape Town, as per consolidation/subdivision plan LUM/00/55702, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for rezoning of Erven 55702, 55760, 55767, 57246 and Remainder Erf 55703 Cape Town from Single Dwelling Residential Zone 1 to Subdivisional area (for General Residential Subzone GR5 and Utility Zone), BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure 1.

d. Application for subdivision of the consolidation of Erven 55702, 55760, 55767, 57246 and Remainder Erf 55703 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, as per plan of consolidation/subdivision LUM/00/55702, subject to the conditions contained in Annexure 1.

e. The application for Council’s approval in terms of Item 141(1)(b) of the Development Management Scheme, as set out in Annexure 1, for the consolidation of Erven 55702, 55760, 55767, 57246 and Remainder Erf 55703 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

f. The application for departures, as set out in Annexure 1, for Erven 55702, 55760, 55767, 57246 and Remainder Erf 55703 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

Conditions 2.1.1, 2,2,1 and 2.4.2 are amended as follows:

2.1 Development contribution
2.1.1. 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 2 377 485.64. 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 is payable prior to approval of building plans relating to the block of flats.

Note: Failure to pay the full DC liability will be constructed as non-compliance to the conditions of approval.

2.2 Development Management
2.2.1 The consolidated property shall only be used as a block of flats, with a maximum of 90 units.

2.4.2 Prior to the occupation of any flat on the property, a 1.5m (minimum) width sidewalk shall be constructed directly adjacent to the property along Kinkle Way. This shall be constructed at the cost of the owner of the property to the satisfaction of the Director: Asset Management and Maintenance (Transport). For any portion of the sidewalk that occurs on the property, a servitude for the public right to way shall be registered in favour of the City. This servitude shall be registered prior to the occupation of any flat on the property.

REASONS FOR DECISION:

The MPT APPROVED the application for the reason as set out in the Planner’s report and added an additional reason that reads as follows:

4.13. The aspect of providing affordable housing was considered but the panel agreed that it would not be viable and that it would impact negatively on the feasibility of the proposal.
FOR INFORMATION:
ACTION: K MCGILTON / P HOFFA