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MPT South Eastern

Agenda item no

MPTSE 34/11/2023

Subject

WARD 15: APPLICATION FOR REZONING, SUBDIVISION AND PERMANENT DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 4095, SOMERSET WEST AT 57 KIRKIA STREET. CASE ID:1500098245 M WANSBURY/J WILLIAMS

Meeting date

Tuesday, November 28, 2023

Resolution

Approved

Date closed

Friday, December 01, 2023

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for the Rezoning of Erf 4095, Somerset West from Subdivisional Area Overlay Zone (Single Residential Zone 1, Open Space Zone 3, Utility Zone) to Subdivisional Area Overlay Zone (General Residential Subzone 1, Open Space Zone 3 & Utility Zone) BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

b. The application for the Subdivision of Erf 4095, Somerset West into 43 General Residential erven (GR1), a refuse room and distribution kiosk (GR1), 1 mini substation (Utility Zone), 1 private open space erf (OS3) and 7 private road portions (GR1) 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 to permit the implementation of the subdivision in 10 consecutive phases 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 subdivision in order to register electrical services and stormwater servitudes 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 permanent departure to permit garages on all portions to be located 0.9m in lieu of 5m from the kerb of the internal road 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 permanent departure to permit the boundary wall along the Main Road and Kirkia Street boundaries to exceed the maximum 2m height to a maximum of 2.98m and 2.1m respectively BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

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

6.1.13 The condition of a landscaping plan which includes a tree management plan, will make a positive impact on the immediate environment

6.1.14 The concerns raised by the Appeal Authority with the previous application have all been addressed

Annexure:
Amend condition 2.1 as follows:
2.1 That the development shall be substantially in conformance with the following drawings and plans:
Landscaping Plan (as to be approved by the authorized official)
Rezoning & Subdivision Plan No 4095/02/07 dated May 2023
Phasing Plan No 4095/04/02 dated March 2023
Site Development Plan No 4095/07/03 dated May 2023
South-East Boundary Wall Plan dated 25/02/2023
North-East Boundary Wall Plan dated 11/05/2023
Boundary Wall Plan No 2-3107 dated 16/08/2021
Boundary Wall Plan No 2-3104 dated 15/09/2021

Amend condition 2.2 as follows:
2.2 That Unit Type Plans for all 43 units shall be submitted for approval by the authorized official, prior to submission and approval of building plans. The unit type plans must be consistent with the proposed footprints of the unit as set out in the SDP

Amend condition 2.3 as follows:
2.3 That no terraces or balconies shall be permitted on the first floor east elevation of units/portions 7 to 16 that fronts onto Castle Rising Estate.


Delete condition 2.4
Delete condition 2.31

Amend condition 2.17 as follows:
2.17 That the development contributions shall be payable prior to approval of building plans or prior to the issuing of Section 137 Clearance for subdivided properties, whichever comes first.

Amend condition 2.43 as follows:
2.43 That the Developer/Owner at his/her cost and to the standards of the Department: Transport shall construct Kirkia Street from the existing untarred surface of Kirkia Street up to the Kirkia Street/Main Road Intersection.

Amend condition 2.55 as follows:
2.55 That the Developer shall submit a Construction Environmental Management Plan (CEMP) for the installation of services and construction of buildings to Council for approval by the authorized official prior to building plan approval and/or the commencement of any earthworks on the property. The CEMP must address, inter alia, the following:

Amend condition 2.56 as follows:
2.56 That the Developer shall be bound to comply with and enforce compliance by contractors with provisions of the CEMP during the earthworks, installation of services and the construction of the buildings. The developer shall ensure that the CEMP forms part of the contractor’s documentation and that the contractor shall liaise with Council’s Environmental officials during construction of each phase

Delete condition 2.57
Delete condition 2.58
Delete condition 2.60 to 2.66

Amend condition 2.67 as follows:
2.67 That an amended Landscape plan shall be submitted for approval by the authorized official. This plan must be submitted to the authorized official prior to any earthworks commencing and/or first transfer and/or prior to building plan approval, whichever comes first. This information must be used to inform the detail design of the proposed Kirkia Street road upgrade, i.e. road and sidewalk location, dimensions and designs and must be included in the cross section, which indicate the row of Eucalyptus trees to be retained. The recommendations by the Landscape Architect on the detailed design of the Kirkia Road upgrade via email, dated 17/10/2023, must be reflected in the cross-section designs for the Kirkia Road upgrade.

Delete condition 2.68

FOR INFORMATION: WANSBURY / WILLIAMS




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