MPT South Western

Resolution details

UNANIMOUSLY RESOLVED that:

a) The consent for air rights in terms of Item 87(b) of the Development Management Scheme for Remainder Erf 89775 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A in accordance with the plan attached as Annexure C.

b) The departures, as set out in Annexure A, for Remainder Erf 89775 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A in accordance with the plan attached as Annexure C.

c) Council’s approval in terms of Item 162(1) of the Development Management Scheme to permit building work in the Muizenberg-St James-Kalk Bay Heritage Protection Overlay Zone on Remainder Erf 89775 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

d) Council’s approval in terms of Item 60(k)(ii) of the Development Management Scheme to permit 3 parking bays at ground floor level which are located 0m in lieu of 10m from Bertram Road for Remainder Erf 89775 Cape Town, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with the plan attached as Annexure C.


REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report.

AMENDMENTS TO CONDITIONS:
2.1 Item 87(b) to read as follows: ‘To permit air rights over the portion of the property zoned Transport Zone 2’
4.1 to read as follows: ‘Council’s consent for air rights shall only be valid until such time as the said land is required for road widening’.
4.2 to read as follows: ‘The owner of Remainder Erf 89775 shall be entirely responsible for maintenance of the building forming part of the air rights until such time as the land is required for road widening’.
4.3 to read as follows: ‘The owner of Remainder Erf 89775 shall prior to building plan submission, register a servitude in respect of the air rights over the subject properties including Erf 89774 and the portion of State Land. The costs of the registration of the servitude shall be for the developers account’.

ACTION BY: MCGILTON / HOFFA