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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 29/3/2021

Subject

WARD 59: APPLICATION FOR DELETION OF RESTRICTIVE TITLE DEED CONDITIONS, DELETION OF CONDITIONS OF AN EXISTING APPROVAL AND SUBDIVISION IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 54637 CAPE TOWN AT CLAREMONT, 23 KENMAR CRESCENT ID: 70473594 M SLAMAT / P HOFFA

Meeting date

Tuesday, March 16, 2021

Resolution

,Approved

Date closed

Thursday, March 18, 2021

Resolution details

RESOLVED that:

a. The application for deletion of restrictive conditions, as set out in Annexure A, for Erf 54637 Cape Town at Claremont, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The application for deletion of conditions of an existing approval, as set out in Annexure A, for Erf 54637 Cape Town at Claremont, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for the subdivision of Erf 54637 Cape Town at Claremont, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015, as per plan of subdivision LUM/00/54637


REASONS FOR DECISION

The MPT APPROVED the application for the reasons set out below:

1. The proposal has been evaluated in terms of Section 39(5) of the Land Use Planning Act 2014 and Section 47 of Spatial Planning and Land Use Management Act, 2013, as set out above, and it is considered that the social benefit/public interest to the wider community and to the individual owner outweigh any benefits to the beneficiaries of the restrictions.

The MPT REFUSED the application for subdivision for the reason set out below:

1. The subdivision configuration will lead to an undesirable built form, out of context with the immediate environment.

FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA

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