View MPT resolution details
MPT North Western
Agenda item no
MPTNW 7/10/2024
Subject
WARD 23: APPLICATION FOR REZONING, CITY CONSENT AND PERMANENT DEPARTURES IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY LAW, 2015: ERF 5103, 31 TRINITY STREET PARKLANDS. CASE ID:1500103318
A ODENDAAL/R ALLIE
Meeting date
Tuesday, October 01, 2024
Resolution
Refused
Date closed
Thursday, October 03, 2024
Resolution details
UNANIMOUSLY RESOLVED that:
a. The application in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015, for the rezoning of Erf 5103, Parklands, from Single residential 1 (SR1) to Local Business (LB1) BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
b. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit a street building line setback 0m in lieu of 3.5m from Trinity Street for Erf 5103, Parklands BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
c. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit three (3) on-site parking bays in lieu of ten (10) for Erf 5103, Parklands BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
d. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit a carriageway crossing of 15.3m wide in lieu of a maximum of 8m wide for Erf 5103, Parklands BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
e. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit vehicles exit the property by reverse across the footway in lieu of exiting in a forward gear for Erf 5103, Parklands BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
f. The application in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, 2015, for Council’s Consent to permit development within the Urgent Protective Action Planning Zone identified around the Koeberg Nuclear Power Station (5km – 16km) for Erf 5103, Parklands BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
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 sub-heading paragraph 7.1 as follows:
7.1 Reasons for the recommended decision for refusal of all applications applied for may be summarized as follows:
Amend reason 7.1.8 as follows:
7.1.8 The portions of the recreational / meeting room contravening the street building is constructed dangerously close to a 110mm bulk water main, situated 1m from the cadastral boundary of Trinity Street which may result in dire consequences for both the property owner and the city, related to health and safety.
FOR INFORMATION: ODENDAAL / ALLIE