MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for the deletion of restrictive title conditions, clauses B (i) contained in Deed of Transfer No T47968/1980 for Erf 62042, 575 Lansdowne Road, Cape Town at Lansdowne BE APPROVED in terms of Section 98 of the Cape Town Municipal Planning By-law;

b. The application for consent use, as set out on Annexure A, for Erf 62042, 575 Lansdowne Road, Cape Town at Lansdowne BE APPROVED in terms of Section 98 of the Cape Town Municipal Planning Bylaw, subject to the conditions contained in Annexure A;

c. The application for permanent departures, as set out on Annexure A, for Erf 62042, 575 Lansdowne Road, Cape Town at Lansdowne, BE APPROVED in terms of 98 of the Municipal Planning Bylaw, subject to the conditions contained in Annexure A.

REASONS FOR DECISION:

1. The property is located on Lansdowne Road which has been designated as an activity street in the CFDP which contains bus and taxi stops;
2. The internal departments, including Spatial Planning and Urban Design, Transport Planning, Fire and Rescue Services as well as City Health, in particular, support the proposal;
3. The proposal has been assessed by the Department: Transport Impact Assessment & Development Control and has indicated no objection to the proposal;
4. The property will still maintain its residential appearance;
5. Land use restrictions will be imposed in order to mitigate any possible negative impacts;
6. The nature and form of the development is considered compatible with the functioning of the surrounding area.

Reasons for the recommended decision regarding removal of restrictions may be summarised as follows:

1. The owner would have personal and social benefits relating to the use of the property for business purpose whilst providing a community service;
2. The proposed removal of restrictive title deed conditions will not result in any personal loss of the abutting property owners;
3. The preservation of the area in its current form will still be guided through the development rules of the DMS;
4. The removal of the condition will not remove all rights. The DMS has use rights and development parameters which will govern future development on the site.

ACTION BY: J Fullard/A McCann