MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for removal of restrictive title conditions B.6.(b) and C of Title deed T03906/2020 for Erf 1693, Durbanville BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015.

b. The application to delete the conditions removed per paragraph 8.1 above of the planning approval for Extension 12, Durbanville of which Erf 1693, Durbanville forms part, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law.

c. The application for Consent to permit an Institution to accommodate the home for the aged (with frail and dementia care) on Erf 1693, Durbanville, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, in accordance with the attached Annexure C1 and subject to the conditions contained in Annexure A.


d. The following permanent departures relating to Erf 1693, Durbanville BE APPROVED in terms of 98 of the Municipal Planning Bylaw in accordance with the attached Annexure C1, namely:

? The first storey (ground level) to be set back 0m and 3m in lieu of 6m from the north-eastern boundary (i.e. abutting Erf 1692).
? The first storey to be set back 3m in lieu of 6m from the north-western common building line (i.e. abutting Erf 1691).
? The first storey to be set back 3m in lieu of 6m from the south-western common boundary building line (i.e. abutting Erf 1694).
? A maximum floor space of 1593m² in lieu of 1500m².

REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report and agreed to amend the following reasons:
7.3 Removal of the title deed condition will not have any negative financial, personal or social impact on the beneficiaries. This is considering that the restrictive conditions have already been relaxed or removed from other properties within Extension 12 and the DMS development rules are more restrictive than title condition B.6(b).
7.7 The departures applied for are not regarded to have an adverse impact on the surrounding properties. This is considering the floor area exceeds the permissible by 93m² only, while the updated SDP limits the building line departures to the ground floor in consideration of the position of the existing building. The mitigating aspects addressed in paragraph 6 of the MPT report will also contribute to limiting the possible impacts

Amend Annexure A as follows:

2.11 That all services be handed over to/inspected by Council on completion of the works and prior to occupation of the units. A completion certificate with respect to the municipal infrastructure upgrade must be obtained prior to transfer of individual units.

Delete conditions 2.26 – 2.31 under the paragraph heading ‘environmental management’

FOR INFORMATION:
ACTION: A SMIT / S VAN RENSBURG