MPT South Western

Resolution details

RESOLVED UNANIMOUSLY that:


a. The application for the rezoning of Erf 81511 Cape Town at Retreat from Single Residential Zone 1 to Community Zone 2, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

b. The application for departures, as set out in Section 1 of Annexure A, for Erf 81511 Cape Town at Retreat, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for consent, as set out in Annexure A, for Erf 81511 Cape Town at Retreat, BE REFUSED in terms of section 98(c) of the Municipal Planning By-Law, 2015.

d. The application for departures, as set out in Section 2 of Annexure A, for Erf 81511 Cape Town at Retreat, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

REASONS FOR DECISION:

The MPT partially APPROVED and partially REFUSED the application for the reasons set out below:

Reasons for the recommended decision for approval relating to the application for the rezoning and departures, as set out in Section 1 of Annexure A, may be summarised as follows:

1. The place of worship will not change the character of the area and will not have a negative impact on neighbouring properties, and is compatible with the surrounding land uses.
2. The proposal has a positive socio-economic impact.
3. The rezoning and departures relating to the place of worship is not inconsistent with the Southern District Plan and the Municipal Spatial Development Framework.
4. There is adequate infrastructural capacity for the proposal.
5. The proposal is in close to public transport facilities.
6. The transport impact will be negligible. The Transport Planning Department has no objection.
7. The property has been used since 1954 as a place of worship. The rezoning will allow for the current use to be a primary use on the property.
8. It is proposed to restrict the use of the property to a place of worship. This will preclude other uses otherwise permitted in Community Zone 2 that could potentially have a negative impact on the surrounding properties.
9. The proposal is desirable and does not significantly impact on existing rights.

Reasons for the recommended decision for refusal relating to the application for the consent and departures, as set out in Section 2 of Annexure A, may be summarised as follows:

1. The proposed freestanding base telecommunication station is not compatible with the surrounding land uses in terms of its visual impact.
2. It is possible that the proposed base telecommunication station will have a negative impact on the safety, health and wellbeing of the surrounding community. If the owners of nearby properties increase the heights of their buildings in accordance with their existing rights, the proposed antennae could be within 50m of habitable structures at the same height, contrary to the precautionary approach to health issues. Such increase in height as per existing rights is not unreasonable and would not be unexpected.
3. The proposed freestanding base telecommunication station does not comply with the desirability criteria in Section 99 of the Municipal Planning By-Law, 2015.

FOR INFORMATION:
ACTION: N FLORIS / P HOFFA