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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 12/11/2023



Meeting date

Wednesday, November 15, 2023



Date closed

Thursday, November 16, 2023

Resolution detail

It be recommended that the lease of a portion of a public street, being a portion of Erf 80999 Cape Town situated at Main Road, Bergvliet, shown hatched and lettered ABCD on the attached plan marked Annexure A, in extent approximately 75m², to Shell Downstream South Africa Pty Ltd, owner of Erf 80998 or their successor in title, be approved subject, to inter alia the following conditions, that:
  1. A tariff rental of R620.00 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
  1. The lease will endure for a period of 10 years with an option to renew for a further 10 years;
  1. The rental will be adjusted annually in terms of the rental tariff structure as approved by Council:
  1. The property be used for gardening and security purposes only;
  1. Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority;
  1. Subject to compliance with any other statutory requirements;
  1. No compensation will be payable for any improvement made to the property;
  1. No structures other than the existing structures will be permitted within the lease area;
  1. Any alterations or deviations to electricity services necessary as a consequence of the proposal or requested by the applicant, will be carried out at the applicant’s cost;
  1. The City of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires or equipment relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or equipment aforesaid. This includes the right to bring machinery onto the property and to carry out excavations.
  1. No building, containers or structure shall be erected within 3 m of the electrical services.
  • No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity Generation and Distribution via the wayleave approval process. All excavations within 3 m of the electrical services must be carried out under the direction of a representative of this Department.
  1. No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services.
  • No plant or material shall be stored within 1 m of any part of the electricity services.
  • No mechanical plant may be used within 3 m of medium voltage cable or 5m of high voltage cable.
  1. The lessee shall be responsible at all times for the maintenance and good order of the land.
  1. The lease may be suspended at any time should the applicant not comply with the conditions.
  1. On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to this Department.
Action: William Spannenberg

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