MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for the Relaxation of Restrictive Conditions 4(a), 4(b) and 4(c) registered in Title Deed T70250/2000 as set out in Annexure A, concerning Erf 1502, Somerset West, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015.

b. The application for amendment/deletion of conditions imposed in terms of the Townships Ordinance No 33 of 1934 (relating to the proposed subdivision, permission for additional dwelling units and increased coverage), BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015.

c. The application for the subdivision of Erf 1502, Somerset West into two portions, namely Portion 1 (±1 100m²) and Remainder portion (±1 408m²) in accordance with Subdivision Plan No Erf 1502_Sub3 dated 20/02/2018, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 subject to the conditions contained in Annexure A.

d. The application for the Relaxation of Restrictive Condition 4(d) registered in Title Deed T70250/2000 as set out in Annexure A, concerning Erf 1502, Somerset West, BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015.



e. The application for amendment/deletion of conditions imposed in terms of the Townships Ordinance No 33 of 1934 (relating to the building line setbacks), BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015.

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

Amend 6.3.1 as follows:
(d) The social benefit of the restrictive condition remaining in place in its existing form:

The restrictive conditions were typically placed within the title deeds of properties in order to place development controls within newly established townships in the past. These conditions were aimed at protecting a certain character and guiding further development of the properties in a certain direction. There would be no social benefit if the restrictive conditions were to remain in place.

FOR INFORMATION: WANSBURY / WILLIAMS