MPT South Western

Resolution details

RESOLVED UNANIMOUSLY:

a. The application for the rezoning of a portion of Erf 1064 Constantia, from Utility Zone to General Business Subzone GB1, as shown on the rezoning plan LUM/16/1064, 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 rezoning of portions of Erven 10861 and 10862 Constantia, from Utility Zone to Community Zone 1, as shown on the rezoning plan LUM/16/1064, 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 the rezoning of a portion of Erven 1064, 10861 and 10862, and Erven 2623, 2755, 7395, 10860 and Remainder Erf 2744, from Utility Zone and Community Zone 1 to Agricultural Zone, as shown on the rezoning plan LUM/16/1064, 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 the consolidation of Erven 10861 and 10862 Constantia, as per the plan of consolidation LUM/16/10861, 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 departures for Erven 1064, 2755, 7395, 10861 and 10862 Constantia, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

f. The application for consent in terms of Item 108(c) of the Development Management Scheme, to permit tourist facilities on Erven 1064, 10861 and 10862 Constantia, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

g. The application for consent in terms of Item 108(c) of the Development Management Scheme, to permit utility services on Remainder Erf 2744 Constantia, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the condition contained in Annexure A.

h. The application for approval in terms of a restrictive title deed condition, for Erf 1064 Constantia, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015,

Conditions

2.2 Development Charge
2.2.1 Prior to building plan approval or within 30 days of the approval of this application, whichever occurs first, the owner/developer shall pay a development charge (DC) in accordance with the approved Development Charges Policy for Engineering Services for the City of Cape Town. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R 987 859.55. This amount was valid until 2024-06-30 and the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA.

Note: Failure to pay the full DC liability will be construed as non-compliance to the conditions of approval.

Additional condition

That a set of management rules for the orderly and tranquil management of all accommodation units on the Groot Constantia Estate addressing amongst others, conduct, visitation, aesthetics, health, hygiene and noise with appropriate sanctions for non-compliance be drawn up by the Groot Constantia Trust for implementation by the Trust and their successors in title. That the minutes where these management rules are adopted be submitted to the Authorised Official within 90 days from final notification of this decision.”

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report and added an additional reason 7.1.14- that reads as follows:


7.1.14 That the consolidation does not involve additional massing which could impact negatively on surrounding properties

FOR INFORMATION:
ACTION: P EVARD / P HOFFA