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MPT South Western

Agenda item no

MPTSW 24/1/2017

Subject

APPLICATION FOR REZONING AND REGULATION DEPARTURES IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 IN RESPECT OF ERF 111931 CAPE TOWN AT ATHLONE, 108 REPULSE ROAD, PENLYN ESTATE ID: 70276371

Meeting date

Tuesday, January 17, 2017

Resolution

Approved

Date closed

Wednesday, March 15, 2017

Resolution details

RESOLVED that:

a) The application for rezoning from Single Residential SR1: Conventional Housing to Local Business 2 of Erf 111931 Cape Town at Athlone, BE APPROVED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015, subject to the Department drafting a set of conditions for the rezoning and the MPT panel being satisfied with the conditions.

b) The application for regulation departures for parking and access, from the Development Management Scheme for Erf 111931 Cape Town at Athlone, BE APPROVED in terms of Section 98 of the City of Cape Town Municipal Planning By-Law, 2015.


REASONS FOR DECISION:

1. The proposed medical practice is consistent with Council policy of promoting mixed use development
2. If a condition is set that only one medical practitioner be allowed to practice, the impact will be minimal
3. There are a number of business uses zoned for Local Business 2 purposes along this road
4. Public safety will not be compromised by the proposed parking configuration
5. It is common practice for vehicles to egress properties along this road in reverse gear

NOTE: the conditions will be circulated to the panel members for their approval

ACTION BY: A McCann

Below is the approved amended conditions as at 14 March 2017

CASE ID: 70276371

1. APPROVALS GRANTED IN TERMS OF SECTION 98 (b) (i) OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW (2015):

1.1 Rezoning from Single Residential SR 1: Conventional Housing to Local Business LB2 in order for the property to be used as a medical consulting practice.
1.2 Departure to permit 1 (2 parking bays in tandem) onsite parking bay in lieu of 4 onsite parking bays.
1.3 Departure in to permit vehicles to exit the property in a reverse gear.

2. CONDITIONS IMPOSED IN TERMS OF SECTION 100 OF THE MUNICIPAL PLANNING BY-LAW, 2015

2.1 LAND USE
2.1.1 Development on the property shall be substantially in accordance with Site Development Plan : Drawing SDP_27nov2015 (Job 15.92) dated November 2015 and attached to the departmental report as Annexure C.
2.1.2 Notwithstanding the uses permitted in the Local Business 2 Use Zone of the Development Management Scheme, the property may only be used for the purposes of one (1) Medical Consulting Room and Single Residential 1 purposes.

2.2 ELECTRICITY SERVICES
2.2.1 That any alterations or deviations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost.
2.2.1 In terms of the Electricity Services Department’s Policy, an Electrical Development Levy is to be paid prior to the commencement of the activity on site. The amount is dependent on the required connection capacity. Furthermore, a different tariff is applicable and must be applied for.

2.3 SOLID WASTE MANAGEMENT
2.3.1 No Hazardous, Chemical or Medical Waste shall be allowed to enter the General Waste Stream.
2.3.2 Solid Waste (Collections) does not remove Hazardous, Chemical or Medical Waste. A private Specialised Waste Company must be engaged for this purpose.
2.3.3 These types of Waste must be disposed of by a Private Specialised Waste Company in accordance with the Minimum Requirements for the Handling Classification and Disposal of Hazardous Waste (D WAR 1998) with the approval by the Department of Health.
2.3.4 The owner must make use of all Solid Waste Services for the Removal of General Household Refuse. The owner/ tenant is required to place the refuse bin/s on the kerbside (sidewalk) of the nearest public street on the scheduled day of refuse collection.
2.3.5 Should the Owner require additional refuse containers / bins, the Owner must liaise with the Corporate Call Centre for Solid Waste Management (Enquiries on 086 010 3089) to make the necessary arrangements and place the container/s nearest to an Access Road (Public Road) on the scheduled day of collection.

2.4 TRANSPORT IMPACT ASSESSMENT & DEVELOPMENT CONTROL: TDA

2.4.1 The facility hereby approved must be limited to a maximum of one (1) consulting room with a maximum of three (3) staff members.
2.4.2 All staff at the facility, using private vehicles, must park on-site and not within the Repulse Road reserve.
2.4.3 Patrons of the facility are to park in the local side streets (ie Plettenberg Road) and not within the road reserve in Repulse Road as this will have a negative impact on pedestrian movement and traffic flow along this corridor.
2.4.4 The applicant must put measures (signage or parking marshal etc.) in place to ensure the enforcement of condition 2.4.3 above.



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