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MPT North Western
Agenda item no
MPTNW 26/11/2020
Subject
WARD 104: APPLICATION FOR REZONING AND SUBDIVISION IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: REMAINDER ERF 38368, 35171 AND 35172, MILNERTON, POTSDAM ROAD. ID:70507211
N NTUTHA/E MARAIS
Meeting date
Tuesday, November 03, 2020
Resolution
Approved
Date closed
Friday, November 06, 2020
Resolution details
After extensive discussion, the MPT UNANIMOUSLY RESOLVED that:
a. The application for subdivision of Remainder erf 38368, Milnerton into 2 portions (Portion 1 and the Remainder) BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended) in accordance with plan no 5391-02, subject to the conditions contained in Annexure A.
b. The application for rezoning of portion 1 of the Remainder erf 38368, Milnerton from Agriculture to Subdivisional Area Overlay Zoning BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended), subject to the conditions contained in Annexure A.
c. The application for subdivision of portion 1, a portion of Remainder erf 38368, Milnerton into 10 portions BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended) in accordance with plan no 5391-04, subject to the conditions contained in Annexure A.
d. The application for subdivision of erven 35171 and 35172, Milnerton for the registration of a right-of-way servitude BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended) in accordance with plan no 5391-03, 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 add new reasons as follows:
7.1.8 Sufficient conditions have been included relating to the provision of social facilities that will be addressed in the detailed Site Development Plan
7.1.9. The proposal is aligned with the SPLUMA principle of spatial justice by addressing the upgrade of informal settlements
Amend Annexure A as follows:
1.1 Subdivision of Remainder erf 38368, Milnerton into 2 portions (portion 1 of approximately 6.04 ha) and the Remainder, as shown on plan 5391-02 (Annexure C1);
1.2 Rezoning of Remainder erf 38368, Milnerton from Agricultural to Subdivisional Area Overlay Zoning to permit Mixed Use Zoning 1 and Transport Zoning 2. (Annexure C2);
1.4 Subdivision of a portion of erf 35171 and erf 35172 Milnerton to allow for the registration of a servitude ‘right of way’, as shown on plan 5391-03 (Annexure C2 to indicate the numbers of the two erven)
2.1 A detailed Site Development Plan, addressing compliance with the City’s Stormwater Impact Policy and the landscaping interface between the Remainder erf 38368, the Temporary Relocation Area (TRA) and the existing Racing Park Industrial Estate be submitted and approved by the authorised official prior to the submission of a building plan. That the provision and land requirements of acceptable community facilities need to be verified with Community Services and Health Department – Development Management is considering the Racing Park TRA and Doornbach upgrade as two parts of the same community
FOR INFORMATION: NTUTHA / MARAIS