MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:
a. The removal of the restrictive title deed conditions as set out in Annexure A in respect of erven 3863, 3864 and 3865 Milnerton BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in the attached Annexure A.

b. The removal of the restrictive title deed condition as set out in Annexure A in respect of erven 3863, 3864 and 3865 Milnerton, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015

c. The amendment of township establishment conditions imposed in terms of Ordinance No 33 of 1934 to allow for a mixed use development on erven 3863, 3864 and 3865 Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in the attached Annexure A.

d. The amendment of township establishment conditions imposed in terms of Ordinance No 33 of 1934 on erven 3863, 3864 and 3865 Milnerton as listed in Annexure A paragraph 2, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

e. A rezoning from Single Residential SR1 to General Business Subzone GB2 in respect of erven 3863, 3864 and 3865 Milnerton, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015 subject to the conditions contained in the attached Annexure A.

f. The consolidation of erven 3863, 3864 and 3865 Milnerton in accordance with Annexure D, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015, subject to the conditions contained in the attached Annexure A.

g. City’s approval to allow an encroachment on the street boundary and registration of the servitude for a projecting colonnade pedestrian walkway in respect of erven 3863 and 3864, Milnerton BE REFUSED in terms of Section 98(c) of the Municipal Planning By-law, 2015.

h. The regulation departures as set out in Annexure A in respect of erven 3863, 3864 and 3865 Milnerton BE REFUSED in terms of Section 98(c) of the Municipal Planning By-law, 2015.

REASONS FOR DECISION
The MPT partially APPROVED and partially REFUSED the application for the reasons set out in the Planner’s Report and agreed to amend as follows:

7.3.1 The decision complies with Sections 99(1) and 99(3) of the MPBL as elaborated on in Section 6 of this report;
7.3.2 The decision is consistent with the 2018 Cape Town Metropolitan Spatial Development Framework and the 2012 Blaauwberg District Plan.
7.3.3 The decision supports the principles contained in the Densification Policy and are considered to represent appropriate densification in the context, contributing positively to a more compact urban environment.
7.3.4 The decision for development supports the implementation of the Transport Oriented Development Strategic Framework by promoting the use of the IRT system by allowing a higher density development with ease of access to and from public transport.
7.3.5 Despite the removal of the restrictive title deed conditions, the Development Management Scheme restricts development through the General Business Zoning development rules which will be further limited by the imposition of a height limitation as well as the requirement for the submission of an amended site development plan.
7.3.6 The decision will not have a negative impact on the parking and traffic situation in the area, which is supported by the traffic impact assessment provided, as well as support received from the Asset Management and Maintenance Department and the TIA and DC department.
7.3.7 The decision has been assessed in terms of the Tall Building Policy and Urban Design Policy, and does not meet all the relevant criteria applicable.

Amend Annexure A:
1.1.4 Condition (ii)A(d):
That no building or structure or any portion thereof, except boundary walls and fences, shall be erected nearer than 4,72 metres to the street line which forms a boundary of this erf. No such building or structure shall be situated within 1,57 metres of the lateral boundary common to adjoining erf.

1.7 Rezoning from Single Residential Zoning 1: Conventional Housing (SR1) to General Business Subzone 2 (GB2).

3.1 The height shall be limited to 15m on the Short Street and Erica Street interface measured from natural ground level

3.2 The height shall be limited to 12m as measured from natural ground level adjacent to the single residential (SR1) properties directly abutting the subject properties at the interface on Erica and Pine street

3.3 An amended Site Development Plan be submitted and approved to the satisfaction of the authorized Official.

Delete 3.10
Delete 3.12
3.15 A Landscaping plan shall be submitted as part of the SDP submission and shall be approved prior to building plan submission by to the satisfaction of the Director: Development Management. This plan must indicate the following

FOR INFORMATION: SAMAAI / MARAIS