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MPT North Eastern

Agenda item no

MPTNE 18/11/2016

Subject

APPLICATION FOR REMOVAL OF RESTRICITIVE TITLE DEED CONDITION, SUBDIVISION AND PERMANENT DEPARTURE IN RESPECT OF ERF 484, 4 BATAVIA STREET, WELGEMOED, BELLVILLE APP ID: 70290353 ANNE SMIT / S VAN RENSBURG

Meeting date

Tuesday, November 15, 2016

Resolution

Approved

Date closed

Friday, November 18, 2016

Resolution details

UNANIMOUSLY RESOLVED

a) The application for Removal of Restrictive Conditions relating to title deed restriction D.(d), per Deed of Transfer T70758/88 for Erf 484, Bellville in order to permit the Subdivision BE APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015, subject to the Conditions of Approval, attached as Annexure A.
b) The application for Subdivision of Erf 484, Bellville into a Portion A (949m²) and a Remainder (965m²) BE APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015, in accordance with Annexure C and subject to the Conditions of Approval, attached as Annexure A.

c) The application for Permanent Departure on Erf 484, Bellville to permit relaxation of the common building line relaxation to 2m in lieu of 3m BE APPROVED in terms of Section 98 of the Municipal Planning By-Law, 2015, subject to the Conditions of Approval, attached as Annexure A.


REASONS FOR DECISION:


4. The proposed subdivision is in line with the approved Forward Planning Policies, i.e. including the NDP and the Densification Policy. The densification policy promotes small scale, incremental densification as addressed by the proposal.
5. The proposal will have a relatively low impact on the character of the surrounding area considering the placement of the existing dwelling, the perimeter vegetation, and the remaining title deed restrictions and since the zoning remains Single Residential 1.
6. It is considered that the proposal will not have a detrimental impact on the existing services in the area as confirmed by the services departments.
7. Due to the extent of the site and the placement of the existing dwelling, the possible future development of the site will have ample space.
8. Considering that only one additional property is created, the proposal is not regarded to have an adverse impact on traffic.
9. The permanent departure is for the relaxation of the newly created common boundary building line. The relaxation serves to address the existing dwelling which is 1m away from the common boundary only. It will thus not impose negatively on the privacy of the abutting neighbour. Future development must still comply with the DMS and title deed building lines.
10. The Removal of Restrictions will not have a negative impact on the surrounding area as the proposal would fit in with the character of the surrounding area as addressed above as well as paragraph 6 of the report.
11. Based on the above, the proposal is considered to be desirable in terms of Section 99 of the City of Cape Town Municipal Planning By-Law, with no adverse impact on health, safety and well-being of the surrounding community envisaged.


FOR ATTENTION: ANNE SMIT / CHAD NEWMAN

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