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View MPT resolution details

MPT South Western

Agenda item no

MPTSW 18/9/2018

Subject

WARD 62: APPLICATION FOR SUBDIVISION, REZONING, COUNCIL’S APPROVAL & DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 165381 CAPE TOWN AT WYNBERG, 21 DURBAN ROAD ID: 70362646 M SLAMAT / P HOFFA

Meeting date

Tuesday, September 18, 2018

Resolution

Refused

Date closed

Tuesday, September 25, 2018

Resolution details

RESOLVED

a. That the application for the subdivision of Erf 165381 Cape Town at Wynberg, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015,

b. That the application for Council’s approval in terms of Item 162(1) of the Development Management Scheme to permit a subdivision within a Heritage Protection Overlay Zone, for Erf 165381 Cape Town at Wynberg, as per the subdivision plan LUM/00/165381, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

c. That the application for rezoning of Portion 2 of the subdivided Erf 165381 Cape Town at Wynberg from Single Residential Zone 1 to Local Business Zone 1, BE REFUSED in terms of section 98(c) of the Municipal Planning By-Law, 2015.

d. That the application for Council’s approval in terms of Item 162(1) of the Development Management Scheme to permit building work on Portion 2 within a Heritage Protection Overlay Zone, for Erf 165381 Cape Town at Wynberg, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

e. That the application for departures, as set out in Annexure A, for Erf 165381 Cape Town at Wynberg, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

REASONS FOR DECISION:

The MPT REFUSED the application for rezoning, for the reasons set out in the Planner’s report and added the following reasons for the refusal of the subdivision:

1. A permit from Heritage Western Cape has not been issued, and would have assisted the MPT in consideration of this application as the consent required in terms of Section 162(1) refers to subdivision AND building work, and no details were provided of the proposed building on the subdivided portion2. The proposed subdivision would require significant departures to erect a viable building.
3. In the view of the size of the site and the sensitive heritage nature of the area a concept indication of a building on this site is deemed to be essential.

FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA

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