View MPT resolution details
MPT South Eastern
Agenda item no
MPTSE 19/9/2023
Subject
WARD 114: DEVIATION FROM THE CAPE TOWN MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK AND THE KHAYELITSHA, MITCHELLS PLAIN, GREATER BLUE DOWNS DISTRICT PLAN, APPLICATION FOR CONSOLIDATION, REZONING AND SUBDIVISION OF REMAINDER ERF 1 AND PORTION OF REMAINDER ERF 987, 20 IHOBOHOBO STREET AND 3 MFULENI ROAD, MFULENI. CASE ID:1500000518
N FLORIS/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 in terms of Section 42(u) of the City of Cape Town Municipal Planning By-Law, 2015 on Portion 3 of Remainder Erf 1 and Portion 1 of Remainder Erf 987, Mfuleni (the subject property), in order to permit a development comprising of residential, local business use, open space, community and associated infrastructure uses, within a Critical Biodiversity Area, Other Natural Area and Wetlands 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 in terms of Section 42(u) of the City of Cape Town, Municipal Planning By-Law, 2015 on Portion 3 of Remainder Erf 1 and Portion 1 of Remainder Erf 987, Mfuleni (the subject property), in order to permit a development comprising of residential, local business use, open space, community and associated infrastructure uses, within Core Biodiversity Areas of Coincidence and Core Biodiversity 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 3 of Remainder erf 1 with Portion 1 of Remainder erf 987 Mfuleni BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015.
d. The application in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015, for rezoning of the consolidated erf from Limited Use to Subdivisional Area Overlay zone, in order to permit a residential township, on Portion 3 of Remainder Erf 1 and Portion 1 of Remainder Erf 987, Mfuleni (the subject property) BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015.
e. The application in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015, for subdivision of the consolidated erf into 505 portions, on Portion 3 of Remainder Erf 1 and Portion 1 of Remainder Erf 987, Mfuleni (the subject property) BE APPROVED in terms of Section 98(b)(iii) of the City of Cape Town Municipal Planning By-Law, 2015.
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and added a reason as follows:
7.1.4. The proposal satisfies the development principles contained in the Land Use Planning Act and the Spatial Planning and Land Use Management Act.
Annexure A:
Amend condition 3.3 as follows:
3.3 A Landscape Master Plan for Mfuleni Central (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
Amend condition 3.19 as follows:
3.19 The water and sewer capacities allocated, if not taken up, shall not be reserved beyond the lesser of 5 years after final notification or the approved development period
Delete condition 3.35
FOR INFORMATION: FISHER / DE KLERK