MPT North Eastern

Resolution details

RESOLVED

a) The application for the removal of a restrictive title deed condition (condition 4(a)) in terms of Section 42(g) of the City of Cape Town Municipal Planning By-Law in order to allow for the subdivision of Erf 4, Bellville into two portions, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to amended conditions attached as Annexure A.

b) The application for the removal of a restrictive title deed condition (condition 4(b)) in terms of Section 42(g) of the City of Cape Town Municipal Planning By-Law in order to allow for the use of the property at Erf 4, Bellville to provide more than just one dwelling, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to amended conditions attached as Annexure A.


c) The application for subdivision of Erf 4, Bellville into two portions (Portion A measuring 900m2 and the remainder measuring 3016m2) in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to amended conditions attached as Annexure A.


d) The application for the relaxation of a restrictive title deed condition (condition 4(d)) in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law in order to allow for the relaxation of internal building lines between the erven resulting from the subdivision of Erf 4, Bellville into two portions, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law,

e) The application for approval of a Site Development Plan for the proposed subdivided portions of Erf 4, Bellville in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to conditions to be circulated to the current panel members for acceptance, subject to amended conditions attached as Annexure A.


f) The application for amendment of a street number in terms of Section 42(q) of the City of Cape Town Municipal Planning By-Law, BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-Law, subject to conditions to be circulated to the current panel members for acceptance.


g) That it BE NOTED that the amended conditions below were formulated in the meeting, circulated and approved by the MPTNE panel members after the meeting.

AMENDED CONDITIONS IMPOSED IN TERMS OF SECTION 100 OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015

1 PLANNING & BUILDING DEVELOPMENT MANAGEMENT

1.1 The approved Site Development Plan shall be supplemented with a Landscaping Plan depicting vegetation to be retained and additional landscaping and be submitted to the Executive Director: Energy, Environment and Spatial Planning (EESP) for approval. The submission shall also contain details of the elevation of the proposed building and boundary wall treatment.
1.2 Conditions 4(a) and 4(b) of the Title Deed for the parent erf (Erf 4, Bellville, T61994/2007) shall remain applicable to the subdivided portions (Portion A and the Remainder), and must be re-imposed into the respective new Title Deeds.
1.3 Appropriate measures must be put in place during the construction phase to avoid excessive noise, dust generation, parking predicaments and damage to the road verge abutting the property.

2 TRANSPORT, ROADS AND STORMWATER

2.1 That the developer at his cost provides all services and link services required to the satisfaction of Council prior to transfer of individual erven.
2.2 That detailed engineering services plans, prepared by a registered Civil Engineering Professional, be submitted for approval by Council prior to building plan approval and prior to commencement of any works. All services shall comply with the “Minimum Standards of Civil Engineering Services in Townships (as amended) document”. The Engineer shall monitor all construction activities and maintain an adequate level of supervision of the works. Upon completion and prior to Section 31 clearance, the services shall be inspected by Council. The Engineer shall provide a completion certificate as well as all construction test results required in terms of SANS.
2.3 That all services be handed over to / inspected by Council on completion of the works and a completion certificate be obtained prior to transfer of individual erven.
2.4 That the owner/developer shall pay a development charge (DC) in accordance with the approved Development Charges Policy for Engineering Services for the City of Cape Town.

The total amount payable for the proposed land use right in accordance with the attached DC calculation is R40 256.79 and it must be noted that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPA F) using the industry indices of StatsSA,

DCs will be payable prior to any transfer of properties, approval of building plans or within 30 days of the approval of the land use where no transfer or building plans are required.

Failure to pay the full DC liability will be construed as non-compliance to the conditions of approval and render the new land use to a non-conforming application.

3 WATER AND SANITATION

3.1 Detailed water and sewerage services plans, prepared by a registered engineer, to be submitted for approval by the Water & Sanitation Department, prior to commencement of any works.
3.2 The applicant at his cost to provide all the required internal and link water and sewerage services to the satisfaction of the Water & Sanitation Department, prior to utilisation of buildings.
3.3 All costs relating to connection will be for the account of the applicant. Application needs to be made to the Reticulation District Head.
3.4 Any Municipal services to be designed to departmental standards (found on http://www.capetown.gov.za/en/Water/Documents/). Its design, construction, and final as-built record to be approved and handed over to the Reticulation District Head.
3.5 The water and sewer capacities allocated according to this document, if not taken up, shall not be reserved beyond the lesser of 5 years or the approved development period.

REASONS FOR DECISION:

1. There is no unique or consistent design character or streetscape in Hofmeyr Street. Building façades vary both in terms of distance from Hofmeyr Street with different walling and/or building façades.
2. Other properties have subdivided either to the rear or on street frontages with varying extents being evident. The subdivision density of 2 erven is not being exceeded.
3. There is substantial landscaping in the road verge, as well as on the subject property.
4. There is only a single objection from a property owner who is located some distance from the subject property. All Council service departments have offered no objection to the proposal.
5. Incremental densification is consistent with Council policy and is regarded as being in the public interest.
6. The subdivision of the property and the removal of the Title Deed restriction to permit subdivision has no negative impacts on the existing rights of neighbours.
7. The imposition of conditions relating to the provision of a landscaping plan as part of the Site Development Plan, as well as the elevational treatment of the new dwelling and boundary wall treatment will mitigate against any concerns relating to impact on streetscape.
8. The re-imposition of the clauses contained in the original title deed on the newly created subdivided portion and the remainder will ensure that the development density is not exceeded.


FOR ATTENTION: D DE KLERK / SEAN VAN RENSBURG