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MPT South Eastern

Agenda item no

MPTSE 17/8/2017

Subject

WARD 83: APPLICATION FOR DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF/FARM 403, STRAND, 104 MARAIS STREET ID: 70322675 N NGQOBE / J WILLIAMS

Meeting date

Tuesday, August 22, 2017

Resolution

,Approved

Date closed

Wednesday, August 23, 2017

Resolution details

RESOLVED UNANIMOUSLY

a. That the application for departure for relaxation of the 3,5m street building line (Fagan Street) to 0m for the purpose of erecting a lean-to on Erf 403, Strand, BE REFUSED in terms of Section 98 (c)(i) of the Cape Town Municipal Planning By-Law,2015.

b. That the application for departure for relaxation of the 3,5m street building line (Fagan Street) to 2,15m for the purpose of erecting an external staircase Erf 403, Strand, BE APPROVED in terms of Section 98 (b)(i) of the Cape Town Municipal Planning By-Law,2015, In accordance with the plans contained in Annexure B.

c. That the application for departure for relaxation of the 3,5m street building line (Fagan Street) to 3,05m for the purpose of extending the existing wooden deck on the first floor on Erf 403, Strand, BE APPROVED in terms of Section 98 (b)(i) of the Cape Town Municipal Planning By-Law,2015, In accordance with the plans contained in Annexure B.

d. That the application for departure for relaxation of the 3,5m street building line (Fagan Street) to 3,09m for the purpose of erecting a balcony on the second floor on Erf 403, Strand, BE APPROVED in terms of Section 98 (b)(i) of the Cape Town Municipal Planning By-Law,2015, In accordance with the plans contained in Annexure B.

e. That the application for departure for relaxation of the 3m common building line (Adj to Erf 402) to 1,58m for the purpose of enclosing the existing braai deck in respect of Erf 403, Strand, BE APPROVED in terms of Section 98 (b)(i) of the Cape Town Municipal Planning By-Law,2015, In accordance with the plans contained in Annexure B.

REASONS FOR DECISION:

Reasons for approval:

1. The enclosed braai patio is a visually permeable structure and it will not have a significant impact on existing rights of the adjoining properties.
2. The wooden deck is small extensions to existing deck and the balcony is open with only a small portion of the structures encroaching the street building line. The encroachment of the street building line for the structures will therefore not have a significant visual impact on the streetscape.
3. There are other similar street building line encroachments along Fagan Street thus the proposal will not detract from the streetscape.

Reasons for Refusal:

1. The desirability for the lean-to for a storage shed inside a street building line has not been demonstrated.
2. It has a negative impact in respect of the character and aesthetic of the area.

FOR INFORMATION:
ACTION: N NQOBE / J WILLIAMS

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