MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:

a. The approved plan of subdivision (plan no C3795/Sub dd Dec 2013) for Erf 2224, Somerset West BE CANCELLED in terms of Section 60(1) of the Municipal Planning By-Law, 2015.

b. The application for subdivision of Erf 2224, Somerset West, into Portion 1 (±1 361m2), Portion 2 (±1 363m2), Portion 3 (±1 364m2) and a Remainder (±1 364m2) as shown on plan no C3795/SubA2, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

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

Amend Annexure A:

1 APPLICATION(S) GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW

1.1 Cancellation of the approved subdivision plan no C3795/Sub dd Dec 2013 for Erf 2224, Somerset West

1.2 Subdivision of Erf 2224, Somerset West, into Portion 1 (±1 361m2), Portion 2 (±1 363m2), Portion 3 (±1 364m2) and a Remainder (±1 364m2) as shown on plan no C3795/SubA2

2 CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW

2.1 Development Management

2.1.2 That a Site Development Plan be submitted for approval by the Director: Development Management and which is to clearly depict a maximum building envelope permitted for Portions 1 – 3 and Remainder Erf 2224, Somerset West.

2.1.3 That an Owners’ Association (OA) must be established in accordance with the provisions of section 61 of the City of Cape Town Municipal Planning By-law, 2015. The OA shall comprise of the registered owners of all land units within the development. This requirement will be binding on the said owners and their successors-in-title and shall be included in the title deed of each portion. The OA shall come into being upon the separate registration of the first transfer of the first deducted land unit in the residential component arising from the subdivision.

2.1.4 That, in addition to the responsibilities set out in Section 62 of the Bylaw, the OA will also be responsible for the following:

a) maintenance of the servitude right-of-way;
b) enforcing compliance with the Site Development Plan.

2.1.5 That the Constitution of the OA is to be submitted for approval by the Director: Development Management prior to clearance of any subdivided portions. The Constitution must contain a provision that paragraphs relating to Section 62 of the Bylaw may not be altered or amended in any way without the prior written consent of Council.

ACTION BY: WAGNER / WILLIAMS