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MPT South Eastern

Agenda item no

MPTSE 25/11/2019

Subject

WARD 84: APPLICATION FOR RELAXATION/SUSPENSION OF RESTRICTIVE TITLE DEED CONDITIONS, SUBDIVISIONS AND REGULATION DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 5878, 3 BREE STREET, SOMERSET WEST. ID:70447704 A ESAU/J WILLIAMS

Meeting date

Tuesday, November 26, 2019

Resolution

Approved

Date closed

Monday, December 02, 2019

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for the relaxation of condition C3(a) in Title Deed No. 15422/2017 for Erf 5878, Somerset West to allow the property to be subdivided BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

b. The application for the Relaxation of Condition C3(b) in Title Deed No. 15422/2017 for Erf 5878, Somerset West to allow for the relaxation of the restriction of only one dwelling BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

c. The application for the Relaxation of Condition C3(c) in Title Deed No. 15422/2017 for Erf 5878, Somerset West pertaining to a maximum coverage of 50% BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

d. The application for the Relaxation of Condition C3(c) in Title Deed No. 15422/2017 for Erf 5878, Somerset West pertaining to a street building line of 4.72m, common building lines of 1.57m and rear building line of 3.15m BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

e. The application for the Subdivision of Erf 5878, Somerset West, into Portion 1 (±970m2) and a Remainder (1 399m2) in accordance with Sub divisional plan no 5878, SW Plan 1 – Dated August 2019, subject to the conditions contained in Annexure A BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

f. The application for the Regulation departure from the DMS for Remainder Erf 5878, Somerset West, to permit the relaxation of the 5m street setback for garages to 3m BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Departure plan no 5878, SW Plan 2

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend as follows:

6.1.1 The principle of subdivision can be viewed as compatible in the subject area and will result in the optimal utilization of the property. The proposal within an established urban residential development is seen to be compatible with the surrounding area. The subdivision will not have a significant negative impact on the area




6.1.3 The proposed departure for the garage is in line with the characteristics of a residential dwelling. Bree Street is characterised by large open garden spaces to the front of the properties with little to no structures encroaching the street building line. It is however not foreseen that the proposed garage will deviate from this character as the street is well vegetated along the street frontages creating a natural vegetation screen that will minimize any possible visible impacts of the garage in the proposed position.

Amend Annexure A:
1.1. Relaxation of condition C3(a) in Title Deed No. 15422/2017 for Erf 5878, Somerset West to allow the property to be subdivided.

1.2. Relaxation of Condition C3(b) in Title Deed No. 15422/2017 for Erf 5878, Somerset West to allow for the relaxation of the restriction of only one dwelling.

1.3. Relaxation of Condition C3(c) in Title Deed No. 15422/2017 for Erf 5878, Somerset West pertaining to a maximum coverage of 50%

1.4. Relaxation of Condition C3(c) in Title Deed No. 15422/2017 for Erf 5878, Somerset West pertaining to a street building line of 4.72m common building lines of 1.57m and rear building line of 3.15m

Insert paragraph under the heading ‘Department: Development Management’ as follows:
2.6 That due consideration be given to the tree survey during the building plan assessment

FOR INFORMATION: ESAU / WILLIAMS

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