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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 17/9/2023

Subject

WARD 108: DEVIATION FROM THE CAPE TOWN MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK AND THE KHAYELITSHA, MITCHELLS PLAIN, GREATER BLUE DOWNS DISTRICT PLAN, APPLICATION FOR CONSOLIDATION, REZONING AND SUBDIVISIONOF PORTION 1 OF REMAINDER ERF 1 AND A PORTION OF REMAINDER ERF 28 (UNREGISTRERED ERF 71) LOCATED ALONG MFULENI ROAD AND O. NQUBELANI STREET, MFULENI. CASE ID:70629813 / 1500000470 A ESAU/D DE KLERK

Meeting date

Tuesday, September 26, 2023

Resolution

Approved

Date closed

Thursday, September 28, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
a. The deviation from the Municipal Spatial Development Framework on a portion of Remainder Erf 28 (unregistered Erf 71) and Portion 1 of Remainder Erf 1 in order to permit residential and mixed use development within an Other Natural Areas BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town Municipal Planning By-Law, 2015.

b. The deviation from the Khayelitsha, Mitchells Plain, Greater Blue Downs District Plan on a portion of Remainder Erf 28 (unregistered Erf 71) and Portion 1 of Remainder Erf 1 Mfuleni in order to permit a development comprising of residential, local business use, open space, community and associated infrastructure uses, within an area designated as Structure Open Space BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town Municipal Planning By-Law, 2015.

c. The application in terms of Section 42(f) of the City of Cape Town Municipal Planning By-Law, 2015, for consolidation of Portion 1 of remainder erf 1 with unregistered erf 71 (a portion of Remainder Erf 28), Mfuleni BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.

d. The application in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 for the rezoning of the site from Transport Zone 2 (TR2) and Open Space 3 (OS3) to Sub-divisional Area Overlay zone BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.


e. The application in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015, for subdivision to subdivide the consolidated property into 546 portions consisting of consisting of 527 Single Residential 2 (SR2) portions, two Community 2 (CO2) portions, one Mixed Use Zone 1 (MU1) portion, five Utility (UT) portions (4 electrical substation & 1 retention pond), one General Residential 4 (GR4) portion, one Open Space 2 (OS2) portion, eight Local Business Zone 2 and one Transport Zone 2 (TR2) portion BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015 subject to the conditions attached to Annexure A.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to add a new reason 7.13 as follows:

7.13 The proposal satisfies the development principles contained in the Land Use Planning Act and Spatial Planning and Land Use Management Act

Annexure A:
Amend condition 1.4.1 as follows:
1.4.1 Subdivision to subdivide the consolidated property into 546 portions consisting of 527 Single Residential 2 (SR2) portions, two Community 2 (CO2) portions, one Mixed Use Zone 1 (MU1) portion, five Utility (UT) portions (4 electrical substation & 1 retention pond), one General Residential 4 (GR4) portion, one Open Space 2 (OS2) portion, eight Local Business Zone 2 and one Transport 2 (TR2) zoned property

Delete condition 2.5
Delete condition 2.7
Delete condition 2.15
Delete condition 2.40
Update numbering sequence

Amend condition 2.38 as follows:
2.38 A Landscape Master Plan for Shukushukuma (which shall comply with the Social Services (Recreation and Parks) standard requirements for the submission of landscape plans) shall be submitted for the approval of the Authorised Official: Development Management, after consultation with the Director: Social Services (Recreation and Parks), prior to Section 137 clearance, which shall be implemented by and at the cost of the developer. This Master Plan will include the proposed upgrade to Mfuleni Urban Park

FOR INFORMATION: ESAU / DE KLERK



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