MPT North Eastern

Resolution details

UNANIMOUSLY RESOLVED

a) In terms of section 98(b) with reference to section 129(7) of the City of Cape Town Municipal Planning By-Law, 2015 the application for an administrative penalty to the value of 0% of the value of the unauthorized land use, namely a site office / satellite camp to temporarily store machinery and equipment associated with the upgrading of Slent Road on a portion of Portion 2 of Malmesbury Farm 935 (Olyphantsfontein), BE APPROVED.

b) The application for a temporary land use departure in terms of Section 42(c) of the City of Cape Town Municipal Planning By-Law in order to provide a site office / satellite camp to temporarily store machinery and equipment associated with the upgrading of Slent Road on a portion of Portion 2 of Malmesbury Farm 935 (Olyphantsfontein), BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to the conditions contained in Annexure A.

AMENDED CONDITIONS TO BE IMPOSED IN TERMS OF SECTION 100 OF THE BY-LAW AS PART OF THE TEMPORARY DEPARTURE APPROVAL

Conditions 1.2 & 1.3 to be amended as follows:

1.2 The activity related to the above-mentioned uses shall only be permitted to operate during the following hours:

• 07:00 - 17:30 on Mondays to Fridays
• 08:00 – 13:00 on Saturdays
• Not at all on Sundays or Public Holidays

1.3 The temporary land use hereby approved shall cease to operate on 31 August 2017, or when the Slent Road upgrading works have been completed.

REASONS FOR DECISION:

Reasons for the recommended 0% administrative penalty decision may be summarised as follows:

1. The use is temporary in nature.
2. Similar temporary site offices / equipment storage camps are normally located within the road reserve within the project area, and therefore do not normally require any land use approval – hence the delay in applying for the necessary approvals.
3. The proposed use is tied to the contractual timeframes of the road upgrade works – commencement of the work, which involved allocation of tenders etc., could not possibly be delayed until such time as the land use management application process has been concluded, without incurring huge costs and penalties.
4. The lessor is acting in the public interest.

Reasons for the recommended temporary land use departure decision may be summarised as follows:

1. The proposed site office / satellite camp is essential for the operations relating to the upgrading of Slent Road.
2. The proposed use is temporary in nature, and will not affect the long-term potential or viability of the land on which it is situated.
3. The proposed use will have no negative traffic impact, but will in fact contribute to improving road safety and traffic flow along Slent Road.
4. The proposed use will have no impact on existing services.
5. Any potential impact in terms of noise and disturbance could be mitigated by imposing a condition to restrict the hours of operation of the facility.

FOR ATTENTION: D DE KLERK / S VAN RENSBURG