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View MPT resolution details

MPT North Western

Agenda item no

MPTNW 12/9/2023

Subject

WARD 17: APPLICATION FOR REZONING, CONSENT USE AND PERMANENT DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 1579, 45 LONDON WAY, MALIBU VILLAGE. CASE ID:1500000612 / 70592082 A ESAU/D DE KLERK

Meeting date

Tuesday, September 05, 2023

Resolution

Approved

Date closed

Friday, September 08, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for rezoning of Erf 1579, Blue Downs from Single Residential 1 (SR1) to Local Business 2 (LB2) in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015, as set out in Annexure A BE APPROVED in terms of Section 98(b)iii of the Municipal Planning By-Law, 2015 subject to conditions in the attached Annexure A.

b. The application for Consent Use to enable the sale of alcoholic beverages (off-site consumption) on a portion of the subject property for Erf 1579, Blue Downs in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, 2015, as set out in Annexure A BE APPROVED in terms of Section 98(b)iii of the City of Cape Town Municipal Planning By-Law, 2015, subject to conditions in the attached Annexure A.

c. The application for permanent departure in terms of Item 56(i) to permit 1 parking bay in lieu of the required 5 in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, as set out in Annexure A BE APPROVED in terms of Section 98(b)iii of the Municipal Planning By-Law, 2015 subject to conditions in the attached Annexure A.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report

Annexure A
Amend condition 2.1 as follows:
2.1 That the extent of the business activities shall be limited to the extent indicated on Drawing No. RD/06/21 – Dated June 2021, in Annexure G

Amend condition 2.2 as follows:
2.2 The development shall be carried out strictly in accordance with the site development plan Drawing No. RD/06/21 – Dated June 2021, in Annexure G

Amend condition 2.9 as follows:
2.9 A refuse bin shall at all times be placed at the entrance to the property for the use of patrons/customers and the owner shall ensure on a daily basis that the street is kept clean from waste emanating from the liquor outlet and shop respectively


Condition 2.13 of the report to be renumbered to 2.14
Add new condition 2.13 as follows:
2.13 Building plans must be submitted for approval to reflect the change in usage to non-residential

Amend condition 2.14 (previously 2.13) as follows:
2.14 The developer/owner is responsible for the payment of development contributions towards the provision of bulk infrastructure services, in accordance with the City policy and will be subject to annual escalation and the amount payable will be the amount calculated at the time of payment. The development contributions will be payable within 90 days of approval date, or prior to the required Building Plan approval being granted.

FOR INFORMATION: ESAU / DE KLERK


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