Resolution details
RESOLVED UNANIMOUSLY
a. The application in terms of section 42(i) of the City of Cape Town, Municipal Planning By-Law, 2015 read with item 136 for approval of a development framework in accordance with Plan no TP ADE 04/2016 dated 5 October 2015 (see Annexure C) for residential use, mixed use and other associated infrastructure on Remainder Erf 6851 Eerste River and Stellenbosch Farms 643, 644 & 644/1, BE REFERRED BACK in order for the applicant to withdraw this component of the application.
b. The deviation from the MSDF in terms of Section 42(u) of the City of Cape Town, Municipal Planning By-Law, 2015 on Remainder Erf 6851 Eerste River and Stellenbosch Farms 643, 644 & 644/1 in order to permit residential, mixed and community uses BE APPROVED in terms of Section 98 (b) of the City of Cape Town Municipal Planning By-law, 2015.
c. The application in terms of Section 42(j) of the City of Cape Town, Municipal Planning By-Law, 2015 for amendment of approval conditions as contained in the letter dated 4 December 2015 in relation to rezoning, subdivision, amendment of subdivision and phasing of Remainder erf 6851, Stellenbosch Farms 643, 644 & 644/1 and Portion 1 of Erf 6954 in order to allow for the conditions to be applicable only to Phase 1 of the aforementioned approval, BE APPROVED in terms of Section 98 (b) of the Municipal Planning By-law, 2015.
d. That the application in terms of Section 42(a) of the City of Cape Town, Municipal Planning By-Law, 2015 for the rezoning of Stellenbosch Farms 643, 644 & 644/1 from general industry subzoning 1(GI1) and agricultural zoning (AG) to Subdivisional Area Overlay Zone to allow for residential, mixed use, open space, community purposes and associated infrastructure as depicted on drawing named the Subdivision and Zoning Plan No TP.AdeW 02/2016 (August) Rev 5 dated September 2017 (see Annexure C), with the exception that portions 487 and 488 shall remain zoned Subdivisional Area Overlay Zone,without the land use allocations, BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
e. That the application for amendment of approved subdivision plan No 14004-007 Rev C dated 29/09/2015 and the phasing of the implementation in terms of Sections 42(l) and 42(e) of the City of Cape Town, Municipal Planning By-Law, 2015 in order to be replaced withSubdivision and Zoning Plan No TP.AdeW 02/2016 (August) Rev 5 dated September 2017 and Phasing Plan No TP.AdeW 03/2016 (August) Rev 5 dated September 2017 (see Annexure C), in relation to Remainder erf 6851, Stellenbosch Farms 643, 644 & 644/1, BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-law, 2015 subject to the conditions contained in Annexure A.
ANNEXURE A
In this annexure:
“City” means the City of Cape Town
“The owner” means the registered owner of the property
“The property” means Remainder Erf 6851 Eerste River and Stellenbosch Farms 643, 644 & 644/1,
“Bylaw” and “Development Management Scheme” has the meaning assigned thereto by the City of Cape Town Municipal Planning Bylaw, 2015 (as amended)
“Item” refers to the relevant section in the Development Management Scheme
“Director: DM” means Director: Development Management or his/her delegatee.
CASE ID: 70310866
AMENDMENTS GRANTED IN TERMS OF SECTION 98 OF THE BY-LAW
1.1 Amendment of approval conditions as contained in the letter of approval dated 04/12/2015 by the insertion of a condition specifying that the aforementioned conditions will only be applicable to Phase 1 of the aforementioned development.
1.2 Amendment of the Subdivision Plan 14004-007 Rev C dated 29/09/2015 with the replacement thereof with TP.AdeW 02/2016 (August) Rev 5 dated September 2017 and Phasing Plan No TP.AdeW 03/2016 (August) Rev 5 dated September 2017.
REZONING GRANTED IN TERMS OF SECTION 98 OF THE BY-LAW
2.1 Rezoning of Stellenbosch Farms 643, 644 & 644/1 from General Industry Subzoning 1 (GI1) and Agricultural Zoning(AG) to Subdivisional Area Overlay Zone to allow for residential, mixed use, community purposes, open space and associated infrastructure.
APPROVAL GRANTED IN TERMS OF SECTION 98 OF THE BY-LAW
3.1 Approval of a deviation from the MSDF.
CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW RELATING TO THE REZONING APPROVAL
TDA: DEVELOPMENT MANAGEMENT
4.1 That for the purposes of Part 4 Section 52 of the City of Cape Town Municipal Planning By-Law 2015, the following zonings will be applicable in accordance with the attached Subdivision and Zoning Plan No TP.AdeW 02/2016 (August) Rev 5 dated September 2017 concerning Remainder Erf 6851 Eerste River and Stellenbosch Farms 643, 644 & 644/1:
Portion No No. of erven No. of Units Proposed Use Proposed Zoning Extent (ha)
1-198, 212 - 461 448 448 Residential (group housing) General Residential 1(GR 1) 13.96
199, 462 & 463-465 5 966 Residential (flats & town houses) General Residential 2(GR 2) 12.76
200 – 205, 468 - 476 15 Open Space Open Space 3(OS 3) 5.58
211 & 478-480
4 Private Road Open Space 3(OS 3) 6.15
467 1 Conservation Open Space 1(OS 1) 6.24
206 & 477 2 Detention ponds Utility 0.58
207 – 210 & 481-485 9 Substation Utility 0.06
466 1 Place of assembly/Instruction Community 1 (CO 1) 0.22
487 1 Residential, Institutional, Sport and Maintenance Facilities Mixed Use (MU 1) 15.63
486 -489 2 Place of instruction/conservation Community 1 (CO 1)/Open Space 1(OS 1) 7.78
488 1
Total 69.63
4.2 That site development plans for the GR2 sites shall be submitted for approval by the Director: DM or his/her delegatee prior to the approval of any building plans. Final building plans shall be in accordance with the approved site development plans.
4.3 That architectural guidelines for the GR1 erven shall be submitted for approval by the Director: DM prior to building plan submission. Building plans submitted shall be in compliance with the aforementioned guidelines.
CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW RELATING TO THE SUBDIVISION APPROVAL
TDA: DEVELOPMENT MANAGEMENT
5.1 Phase 5 shall be developed at a minimum gross density of 80 units per ha for affordable/social housing purposes, as determined to the satisfaction of the Director: DM. Construction of these units shall commence prior to section 137 clearance being issued for phase 1. The construction of the units on phase 5 shall be completed prior to section 137 clearances being issued for phase 3 or 4.
5.2 That an owners’ association must be established in accordance with the provisions of section 61 of the City of Cape Town Municipal Planning By-law, 2015 and shall come into being before the City will certify in terms of Section 137(3) of said by-law that any condition on which the subdivision was granted, has been complied with.
5.3 That the following private roads (portions 211 & 478-480), open space (portions 200 – 205, 468 – 476), conservation area (portion 467) and detention ponds (portions 206 & 477) shall vest in the owners’ association, who shall take transfer simultaneously with the transfer or separate registration of the first deducted land portion in such phase.
5.4 That the constitution of the owners’ association shall be submitted to Director: DM for certification in terms of section 62(2) of the City of Cape Town Municipal Planning By-law, 2015 prior to section 137 clearance of phase 2.
TDA: INTEGRATED TRANSPORT PLANNING
5.5 That confirmation shall be obtained from the PRE stating/confirming that their conditions pertaining to a secondary access have been met. (Please refer to the letters from the PRE, dated 28 July 2003).
5.6 That the developer, must provide written approval from PRASA supporting the proposed underpass under the existing railway line (Cape Town – Strand rail corridor).
5.7 That confirmation is required from the developer in writing that the proposed road reserve width of Aan De Wijnlanden Drive in close proximity to the underpass under the railway line, is of sufficient width to accommodate the head of the cut without encroaching onto Farm 643 and Farm 644.
Van Riebeeck Road/Bobs Way Intersection:
5.8 That the developer at his his/her cost and to the standards of the Director: ITP, must provide the north eastern approach (main link road) with three egress lanes {a shared left & through lane and two right turn lanes 60 metres in length} as well as a single ingress lane. The design of horizontal alignment of the main link road must align up with the existing alignment of Bobs Way.
5.9 That the developer at his his/her cost and to the standards of the Director: ITP, must provide the north western approach of Van Riebeeck Road with a 80 metre exclusive left turn lane, as well as extend the existing right turn lane from 60 metres to 80 metres.
5.10 That the developer at his/her cost and to the standards of the Director: ITP, must provide the south eastern approach of Van Riebeeck Road with a 80 metre right turn lane;
5.11 That the developer at his his/her cost and to the standards of the Director: ITP, must provide on the south western approach of Bobs Way an exclusive right turn 60 metres in length.
5.12 That the developer, at his/her cost and to the standards of the Director: ITP, must provide traffic signals at the Trunk Road 2 (R102)/Bobs Way Intersection. The signal plan must make allowance for pedestrians by the introduction of a pedestrian phase, push buttons and dropped kerbs.
5.13 That the developer at his/her own cost and to the standards of the Director: ITP, must erect high visibility advance warning signs along Trunk Road 2 (R102) indicating the signalised Trunk Road 2 (R102)/Bobs Way Intersection.
5.14 That the developer at his/her own cost and to the standard of the Director: ITP, must ensure that the proposed Bobs Way/Trunk Road 2 (R102) Intersection and the Plein Street/Trunk Road 2 (R102) Intersection as well as the Forest Drive/Trunk Road 2 (R102) Intersection are synchronized.
5.15 That the developer, at his/her own cost at the Bobs Way/Trunk Road 2 (R102) Intersection, must provide mini-bus taxi embayments at all three existing approaches on the downstream side of the intersection, all to the standards of the Director: ITP.
Aan De Wijnlanden Drive:
5.16 That the developer, at his/her cost and to the standards of the Director: ITP, must construct Aan De Wijnlanden Drive, with a black top width of 8.0 metres. The construction is to include a sidewalk 2.0 metre wide on both sides, as well as street lighting.
5.17 That as per the sales agreement prior to the commencement of any development on phase 3, 4 or 5 the developer at his/her cost and to the standards of the Director: ITP shall construct Aan De Wijnlanden Drive connecting the proposed development with Van Riebeeck Road (R102) at the Bobs Way Intersection and the underpass.
Gate Way/Simons Way/Baden Powell Drive Intersection:
5.18 That the developer at his his/her cost and to the standards of the Director: ITP, shall upgrade the circle at the Simons Way/Gateway intersection in order to address the increased construction vehicles that will be utilizing the road prior to section 137 clearance of phase 1.
5.19 That the developer at his his/her cost and to the standards of the Director: ITP, must extend the existing right turn lane on the north western approach of Simon’s Way from 20 metres to 40 metres.
5.20 That the developer, at his/her cost and to the standards of the Director: ITP, must provide traffic signals at the Simons Way/Baden Powell Drive Intersection, prior to section 137 clearance of phase 1. The signal plan must make allowance for pedestrians by the introduction of a pedestrian phase, push buttons and dropped kerbs.
5.21 That the developer at his/her own cost and to the standards of the Director: ITP, must erect high visibility advance warning signs along Baden Powell Drive (R310) indicating the signalised Simons Way/Baden Powell Drive Intersection.
5.22 That the developer, at his/her own cost at the Bobs Way/Baden Powell Drive Intersection, must provide mini-bus taxi embayments in Baden Powell Drive on the downstream side of the Simons Way Intersection, all to the standards of the Department: Asset Management and Maintenance (TDA).
TDA: ASSET MANAGEMENT AND MAINTENANCE AND INFORMAL SETTLEMENTS, WATER & WASTE SERVICES (ISWW)
5.23 That the developer is responsible for the payment of Development Charges towards the provision of bulk infrastructure services, in accordance with the City policy. The Development Charges will be payable prior to section 137 clearance or building plan approval per phase. The Development charges have been determined at R 35 026 178.71 and is subject to annual escalation up to date of payment. The amount payable will therefore be the amount as calculated at the time that payment is made. Breakdown of Development Charges per Phase is indicated in the tables below:
Phase 1
Service Amount VAT Total
Roads R 3 102 375.27 R 434 332.54 R 3 536 707.81
Transport R 76 220.17 R 10 670.82 R 86 890.99
Stormwater R 699 957.84 R 97 994.10 R 797 951.94
Sewerage R 1 106 790.05 R 154 950.61 R 1 261 740.66
Water R 169 058.34 R 23 668.17 R 192 726.51
Solid Waste R 452 187.00 R 63 306.18 R 515 493.18
Total bulk engineering services component of Development Charge payable R 6 391 511.08
Phase 2
Service Amount VAT Total
Roads R 2 071 115.31 R 289 956.14 R 2 361 071.45
Transport R 83 388.80 R 11 674.43 R 95 063.23
Stormwater R 389 921.17 R 54 588.96 R 444 510.14
Sewerage R 786 144.39 R 110 060.22 R 896 204.61
Water R 119 893.42 R 16 785.08 R 136 678.50
Solid Waste R 321 247.44 R 44 974.64 R 366 222.08
Total bulk engineering services component of Development Charge payable R 4 299 750.00
Phase 3
Service Amount VAT Total
Roads R 4 179 147.46 R 585 080.64 R 4 764 228.11
Transport R 294 362.46 R 41 210.74 R 335 573.21
Stormwater R 503 418.56 R 70 478.60 R 573 897.16
Sewerage R 1 712 922.85 R 239 809.20 R 1 952 732.05
Water R 233 818.04 R 32 734.53 R 266 552.56
Solid Waste R 668 696.71 R 93 617.54 R 762 314.25
Total bulk engineering services component of Development Charge payable R 8 655 297.34
Phase 4
Service Amount VAT Total
Roads R 3 375 386.77 R 472 554.15 R 3 847 940.92
Transport R 129 560.97 R 18 138.54 R 147 699.50
Stormwater R 654 782.53 R 91 669.55 R 746 452.08
Sewerage R 1 257 268.50 R 176 017.59 R 1 433 286.08
Water R 184 825.62 R 25 875.59 R 210 701.21
Solid Waste R 505 596.55 R 70 783.52 R 576 380.07
Total bulk engineering services component of Development Charge payable R 6 962 459.87
Phase 5
Service Amount VAT Total
Roads R 4 285 590.04 R 599 982.61 R 4 885 572.64
Transport R 343 765.07 R 48 127.11 R 391 892.18
Stormwater R 341 129.08 R 47 758.07 R 388 887.15
Sewerage R 1 739 080.78 R 243 471.31 R 1 982 552.09
Water R 258 245.24 R 36 154.33 R 294 399.58
Solid Waste R 678 821.73 R 95 035.04 R 773 856.77
Total bulk engineering services component of Development Charge payable R 8 717 160.42
5.24 That the developer may enter into a Service Agreement with the Directorate: Asset Management & Maintenance to install or upgrade bulk municipal services at an agreed cost, to be off-set against Development Charges payable in respect of bulk civil engineering services.
5.25. Any further amendments to the Subdivision and Zoning Plan, once approved, which might lead to an increase in the Gross Leasable Area, number of Erven/Units or number of pupils, must be submitted for approval prior to building plan approval and will result in the recalculation of the Development Charges based on the amended plan.
5.26. That the developer, at his/her cost, construct the internal municipal civil services for the development, as well as any link municipal services that need to be provided. The Directorate: TDA: Asset Management and Maintenance and Informal Settlements, Water & Waste Services (ISWW) may require the developer to construct internal municipal services and/or link services to a higher capacity than warranted by the project, for purposes of allowing other existing or future developments to also utilise such services. The costs of providing services to a higher capacity could be offset against the Development Charges payable in respect of bulk civil engineering services if approved by the Directorate: TDA: Asset Management and Maintenance.
5.27 That the design, construction and/or alteration of all the internal transport, roads, stormwater and water services and such link and/or bulk services as required for the development, shall be generally in accordance with the Standard Conditions imposed by the Council in this respect, or as otherwise agreed. Detail plans, prepared by a Registered Engineering Professional, shall be submitted to the Directorate: TDA: Asset Management and Maintenance and Informal Settlements, Water & Waste Services (ISWW) for approval prior to any earthworks commencing.
5.28 That the way-leaves / work permits be obtained from the Directorate: TDA: Asset Management and Maintenance prior to any excavation / construction work on municipal land or within 3,0m from municipal services across private property.
5.29 That the Developer ensures that all main services to be taken over by the Council and all existing municipal services crossing private property are protected by a registered servitude of minimum 3 metres wide. The developer will be responsible for the registration of the required servitude(s), as well as the cost thereof.
5.30 That the developer obtains the written approval of all affected owners where the route of a proposed service crosses private properties, and a servitude be registered on the said properties in favour of the Council for the account of the developer.
5.31 That the developer indemnifies and keep the Council indemnified against all actions, proceedings, costs, damages, expenses, claims and demands (including claims pertaining to consequential damages by third parties and whether as a result of the damage to or interruption of or interference with the Council’s services or apparatus or otherwise) arising out of the establishment of the development, the provision of services to the development or the use of servitude areas or municipal property, for a period that shall commence on the date that the installation of services to the development are commenced with and shall expire after completion of the maintenance period. In addition to the aforementioned required written indemnification, the developer must ensure that he / she has an acceptable public liability insurance policy in place.
5.32 The HOA shall be responsible for the maintenance of all services located within the gated development or in terms of any other alternative agreements between the HOA and Directorate: TDA: Asset Management and Maintenance and Informal Settlements, Water & Waste Services (ISWW).
TDA:ASSET MANAGEMENT AND MAINTENANCE
5.33 That cognizance be taken of the requirements of the Directorate: TDA: Asset Management and Maintenance policy entitled “Management of urban stormwater impacts policy”, which stipulates that that the sustainable urban drainage system (SUDS) approach be used to reduce the quality and quantity impacts of stormwater on receiving aquatic environments.
5.34 That a stormwater management plan for the proposed development area, for both the minor and major storm events, be compiled and submitted for approval to the Directorate: Transport and Urban Development Authority and that the approved management plan be implemented by the developer, at his/her cost, to the standards of the Directorate: TDA: Asset Management and Maintenance. The management plan is to be submitted concurrent with the detail services plans.
5.35 That the developer, at his/her cost, be responsible for the compilation of a Wayleave Agreement, to be entered into between the Directorate: Transport and Urban Development Authority and PRASA CRES, for the new bridge underpass to be constructed on the Cape Town – Strand Rail Corridor.
5.36 That a stormwater pump station will have to be constructed to drain the area and a suitable position within the road reserve will have to be identified for this purpose. A Service Level Agreement (Stormwater Pump Station SLA) will have to be compiled by the developer, which will clearly identify the future Home Owners’ Association’s responsibilities towards the operation and maintenance of the pump station. The cost of the design and construction of the Stormwater Pump Station, as well as the compilation of the Stormwater Pump Station SLA will be for the account of the developer and have to be finalised before Aan De Wijnlanden Drive may be opened to traffic.
ESKOM AND TRANSPORT & URBAN DEVELOPMENT AUTHORITY (TDA)
5.37 That the developer shall be responsible for the timeous installation of the approved street names and public street lightning in accordance with Councils’ and Eskom’s standards and requirements to the satisfaction of the Director: TDA & Eskom, prior to Section 137 clearance of any individual erven per phase and entirely at the developers expense.
ENVIRONMENTAL & HERITAGE RESOURCE MANAGEMENT
5.38 That should any archaeological and/or human remains be disturbed, exposed or uncovered during excavations and earthworks for the proposed development, all work shall cease immediately and such remains shall immediately be reported to the South African Heritage Resource Agency (SAHRA) or Heritage Western Cape (HWC).
CITY PARKS
5.39 That a landscape plan shall be submitted to the City Parks for approval for the private open spaces.
5.40 That aforementioned landscaping plan shall be implemented as approved prior to section 137 clearances being issued or based on alternative arrangements as agreed upon by and City Parks.
5.41 The maintenance of all the private open spaces shall be the responsibility of the HOA.
ESKOM
5.42 That the developer, at his cost, provides all required electricity services to the satisfaction of ESKOM prior to Section 137 transfer clearances.
SOLID WASTE MANAGEMENT
5.43 That Council’s standard regulations and guidelines pertaining to the removal of solid waste and refuse storage facilities shall be applicable.
5.44 Solid Waste collection shall not occur within the gated development except if agreement is reached between Solid Waste and the HOA.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out in the Planner’s report.
FOR INFORMATION:
ACTION: G HANEKOM
