Subcouncil 2

Resolution detail

RESOLVED unanimously by Subcouncil 2, for reasons indicated in the report, to recommend to Council to support that a) In terms of sections 14(2)(a) and (b) of the Local Government: Municipal Finance Management Act (MFMA), Act 56 of 2003: (i) Council resolve that Erf 5670, Kraaifontein, situated at Livingstone Road, Windsor Estate, Kraaifontein, in extent approximately 715m² , zoned Single Residential 1: SR1, shown lettered ABCD on attached Plan LIS 1574v0 (Annexure A), not be required for the provision of the minimum level of basic municipal services; (ii) Council confirm that the fair market value of the asset described in (a)(i) and the economic and community value to be received in exchange for the asset described in (a)(i) have been considered; b) In terms of regulation 5(1)(b) of the Municipal Asset Transfer Regulations (MATR).R878 promulgated on 22 August 2008, Council approve in principle the sale of Erf 5670, Kraaifontein, situated at Livingstone Road, Windsor Estate, Kraaifontein, as described in (a)(i); c) Erf 5670, Kraaifontein, situated at Livingstone Road, Windsor Estate, Kraaifontein be sold by public competition, subject to conditions to be imposed by the Director: Property Management in the exercise of her delegated authority; d) Any gain incurred by the municipality in respect of the transfer of the asset be included on the adjustment budget of the municipality (sections 28 and 87 of the MFMA), if not budgeted for in the approved annual budget. FURTHER RESOLVED e) That the report be forward to the Ward 102 committee for information; f) That the Economic Development Section and Spatial Planning section provide input on the losses incurred, and attend the Ward 102 committee meeting as indicated in (e); g) That the comments indicated on the technical investigation control sheet , attached to the report, be noted, namely i) City Health: • The premises must comply with the Western Cape Noise Control Regulations PN 200/2013 by not creating a disturbing noise and/or noise nuisance to the surrounding property owners. • Any noise producing plant or equipment must be adequately muffled. • Adequate toilet facilities must be provided on the premises; • Building must be made accessible to disabled persons in accordance with the Requirements of Part S of the Regulations 2378, Regulations under the National Building Regulations and Building Standards Act (Act no. 103 of 1977) read with SANS 104-S: 2011 Edition 3, for the application of the National Building Regulations. This includes ramps/walkways, toilet facilities and removal of obstructions in the path of travel of disabled persons; • All buildings must comply with the Tobacco Product Control Act, Act 83 of 193 as amended; • No surface or ground water may be polluted due to any activity taking place on the erf; • During building work, steps must be taken and maintenance measures implemented to control dust and sand so that it does not cause any nuisance to surrounding property owners; • No trading may take place on the erf without the required approval and business licence; • Further requirements may be called for once the type of business operating from the erf is known; • Detailed building plans of all developments must be submitted for approval prior to the commencement of any building work taking place on the erf; • The Executive Director City Health reserves the right to call for additional requirement if the full manner and use of the premises should be warranted; • Health, does not exempt the applicant from any other legislation, bylaws or regulations that may be applicable and is subject to the approval and condition as determined and stipulated by the town planning section; ii) Safety and Security: Fire and Rescue: Emergency access for vehicles to be provided and maintained and all future structures comply with the required Fire and Safety Regulations; (iii) Solid Waste: • Any future developments must comply with Solid Waste Collection; • The refuse generated on their premises must be stored on the premises to the satisfaction of the Director of Solid Waste Management. • The applicant must make use of All Solid Waste Services and will be responsible for the Clean-up of the Area.; (iv) Telkom • Telkom approves the proposed work indicated on the drawing in principle. The approval is valid for 12 months only, after which reapplication must be made if the work has not been completed; • Any changes or deviations from the original planning during or prior to the construction must immediately be communicated to their office; • Approval is granted, subject to the following conditions; • • As per the sketch indicated by Telkom SA LTD, the infrastructure will be affected. Telecommunication services position is shown as accurately as possible but should be regarded as approximate only; • Should alterations or relocation of existing infrastructure be required, such work will be done at the request and cost of the applicant; • Telkom need to be notified within 21 working days from the acceptance letter and if any alternative proposal is available or if a recoverable work should commence; • As important cables are affected, the representative must be contacted at least 48 hours prior to commencement on construction work; • The office need to be notified within 30 days of completion of the construction work; • Confirmation is required on completion of construction as per agreed requirement; • Should Telkom SA infrastructure be damaged while work is undertaken, the representative needs to be contacted immediately. FOR ACTION: LUTHANDO MALGAS