MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for the rezoning of erven 9897- 9904, Brackenfell, from Single Residential Zoning 1: Conventional Housing to Subdivisional Area Overlay Zoning to permit the sectional title development 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.
b. The application for consolidation of erven 9897- 9904, Brackenfell, 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 the subdivision of the consolidated erven 9897- 9904, Brackenfell, into two portions to accommodate one Utility zone (UT) portion and one General Residential Subzone 2 (GR2) 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.
d. The application for a regulation departure to permit a carriageway crossing with a width of 12.9m in lieu of 8m to service the consolidated erven 9897- 9904, Brackenfell, BE APPROVED in terms of 98(b) of the Municipal Planning By-Law 2015 (as amended) subject to the conditions contained in Annexure A.
e. The proposed site development plan (SDP) for the consolidated erven 9897- 9904, Brackenfell, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended), in accordance with drawing no: BRACK-SDP rev 2 drawn by ZKA Architecture dated 04/11/2022, attached as Annexure C.
f. The proposed Landscaping Plan for the consolidated erven 9897- 9904, Brackenfell, BE APPROVED, in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended), in accordance with drawing no: no: LA001-_101B drawn by VC dated 08/11/2022, attached as Annexure D.
Annexure A
Condition 2.1 is amended as follows:
2.1. Development of the property shall be substantially in accordance with the Site Plan no: BRACK-SDP rev 2 drawn by ZKA Architecture dated 04/11/2022 attached as Annexure C. In this regard, safety measures be designed and implemented to ensure the safety of persons using the central open space to the satisfaction of the authorised official.
Conditions 2.25, 2.26, 2.27, 2.30, 2.31, 2.33, 2.34 and 2.35 are deleted
Condition 2.32 is Amended as follows:
2.32. Prior to building plan submission and /or application a Stormwater management plan (SWMP) must be approved by the authorise official.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the planner’s report, except reasons 7.1 and 7.2 which are amended and added two additional reasons that reads as follows:
7.1. The proposal is in line with the principles of the Integrated Development Plan (2022-2027), the 2023 Municipal Spatial Development Framework, the 2023 Northern District Plan, , and the 2013 Urban Design Policy considering that development will fit into the character of the area and will not have a negative impact on surrounding properties.
7.2. The proposal adheres to the overarching principles as contained in the relevant SPLUMA and LUPA planning legislation
7.11 Although numerous objections have been submitted against the development proposal , the nature of the proposal is regarded as an appropriate statutory fit for the receiving environment.
7.12 The development presents a spatial logic where all development assessment criteria including, inter alia; traffic impact ,infrastructure services ,urban design ,landscaping and densification have been duly considered as part of the assessment.
FOR INFORMATION:
ACTION: A SOLOMBELA / E MARAIS