MPT North Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for subdivision of erf 1512 Camps Bay, as set out in
Annexure A, IS REFUSED in terms of section 98 of the Cape Town
Municipal Planning By-Law, 2015.

b. The application for city approval of erf 1512 Camps Bay, as set out in
Annexure A, IS APPROVED in terms of section 98 of the Cape Town Municipal Planning By-Law, 2015.

c. The application for a departure, as set out in Annexure A, for erf 1512
Camps Bay, IS APPROVED in terms of section 98 of the Cape Town Municipal Planning By-Law, 2015.

d. The application for the deletion of restrictive conditions, as set out in
Annexure A for erf 1512 Camps Bay, IS APPROVED in in terms of section 98 of the Cape Town Municipal Planning By-Law, 2015.

AMENDMENTS TO CONDITIONS:
Delete restrictive conditions 2.2, 2.3, 2.4 and 2.5
Conditions 5 are APPROVED.


REASONS FOR DECISION

Reasons for the recommended refusal decision, in terms of the applications as set out in Annexure A, may be summarised as follows:

1. The applicant has not provided sufficient motivation to subdivide property into erven which are significantly smaller than erven in the rest of the area
2. The subdivision proposal will allow for the creation of a built form that is not compatible with the surrounding uses.
3. The creation of two units on the property complies with the Table Bay District Plan and Densification Policy.
4. The administration of a sectional title scheme is not a valid planning consideration to support a subdivision.
5. Certain title deed conditions do not need to be removed as they do not hinder the development of the property for single residential dwelling houses.
6. The subdivision proposal and the applicable title deed condition removal do not comply with aspects of the criteria set out in section of 39(5) of the Land Use Planning Act, 2014.
7. The subdivision proposal and the applicable title deed condition removal do not comply with aspects of the criteria set out in section 99 of the Municipal Planning By-Law, 2015.

Reasons for the recommended approval decision, in terms of the applications as set out in Annexure A, may be summarised as follows:

1. These proposals will not negatively affect the character of the area or impact negatively on the neighbouring properties.
2. The proposal will not cause any traffic related impacts and adequate off-street parking will be provided.
3. The proposal complies with the criteria set out in section of 39(5) of the Land Use Planning Act, 2014.
4. The proposal complies with the criteria set out in section 99 of the Municipal Planning By-Law, 2015.


ACTION: P Heydenrych / G September