MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application in terms of Section 42 (i) of the Municipal Planning By-Law, for the amendment of the approved Site Development Plan for Erf 7392, Gordon’s Bay BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

b. The application in terms of Section 42 (j) for the amendment of condition of approval to introduce a new Site Development Plan BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

REASONS FOR DECISION
The MPT REFUSED the application for the reasons set out in the Planner’s Report and agreed to the following changes:

Correct reason 7.1.1 as follows:
7.1.1 The proposal is in conflict with the principles contained in Section 7 and Section 59 of the Spatial Planning and Land Use Management Act and the Land Use Planning Act, respectively.

Add reason 7.1.5 as follows:
7.1.5 Whereas the additional unit type in San Juan may be deemed acceptable, it is not considered appropriate or desirable to follow an ad-hoc approach which could undermine the legitimate expectations of property owners, the built form and the character of the precinct

Add reason 7.1.6 as follows:
7.1.6 The proposal does not satisfy the desirability criteria contained in Section 99(3) of the Municipal Planning By-Law

Add reason 7.1.7 as follows:
7.1.7 Although the City is authorised to consider and decide these applications, the owner will remain prohibited in terms of title condition C2 from making alterations and additions to his buildings without the consent of the Home Owner’s Association. The applicant has failed to obtain such consent and in turn the Home Owner’s Association has objected to this proposal

FOR INFORMATION: THUVANA / WILLIAMS