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MPT South Eastern

Agenda item no

MPTSE 7/5/2023

Subject

APPLICATION FOR REMOVAL OF RESTRICTIVE TITLE DEED CONDITIONS, DELETION OF TOWNSHIP ESTABLISHMENT CONDITIONS AND PERMANENT DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 2689, 8 DE WAAL ROAD, SOMERSET WEST. CASE ID:1500006077 I HEROLD/J WILLIAMS

Meeting date

Tuesday, May 30, 2023

Resolution

Approved

Date closed

Thursday, June 01, 2023

Resolution details

RESOLVED by 3 votes to 1 that:
a. The application in terms of section 42(g) of the City of Cape Town Municipal Planning By-Law, 2015, for the removal of the restrictive conditions D.3(b) and D.3(d) registered in Title Deed no. T4565/2022 concerning Erf 2689 Somerset West BE APPROVED in terms of section 98(b) of the Municipal Planning By-Law, 2015.



b. The application for a permanent departure to permit a proposed second dwelling unit encroaching the 3m common building line to 1.1m adjacent to erf 2690, Somerset West BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

c. The application for a permanent departure to permit a proposed second dwelling unit encroaching the 3m common building line to 1.94m adjacent to erven 4098 and 4099, Somerset West BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

d. The application for a permanent departure for proposed windows encroaching the 1.5m setback from the common boundary to 1.1m adjacent to erf 2690, Somerset West BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

e. The application for a permanent departure for a proposed carport encroaching the 5m street building line to 3.9m BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

f. The application for a permanent departure to permit a proposed second dwelling to exceed the 4m permitted height of the building within the 3m common building line to 5.5m BE APPROVED in terms of Section 98(c) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

g. The application in terms of section 42(j) of the City of Cape Town Municipal Planning By-Law, 2015, for the deletion of township conditions D.3 (b) and D.3 (d) registered in Title Deed no. T4565/2022 concerning Erf 2689 Somerset West BE APPROVED in terms of section 98(b) of the Municipal Planning By-Law, 2015

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend reason 7.1.4 as follows:

7.1.4 The proposal complies with Section 39 of the Land Use Planning Act and Section 47 of the Spatial Planning and Land Use Management Act

Annexure A:
Delete condition 2.2 and update numbering sequence

Add a ‘note’ as follows:
NOTE: That a Development Contribution will be payable upon submission of building plans

FOR INFORMATION: HEROLD / WILLIAMS



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