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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 16

Agenda item no

16SUB 23/5/2017

Subject

APPLICATION FOR HEIGHT DEPARTURE IN TERMS OF THE LAND USE PLANNING ORDINANCE, ERVEN 27147 AND 27148, OBSERVATORY J LESLIE Interview:11:30 - 12:00 Applicant: Objector: Note: On the 15/06/17 Subcouncil 15 considered and refused the application. On the 13/04/17 The General Appeals Committee considered and referred the item back to Subcouncil for comment on the new information and to be resubmitted to the General Appeals Committee for consideration.

Meeting date

Monday, May 15, 2017

Resolution

Refused

Date closed

Wednesday, July 05, 2017

Resolution detail

19/06/17: Ms Juliet Leslie briefed the meeting as to the report. An interview was granted for both the applicant and objector. The objector, Mr Leslie London motivated his objection as per Annexure C. The applicant, Mr Cor van der Merwe on behalf of the owner, motivated the application as per Annexure D. Cllr Chapple advised that both he and Cllr Diamond were members of Subcouncil 15 when the original decision to refuse the application was taken. In Cllr Chapple’s view, no compelling new information was submitted to change the decision to refuse the application. He was supported by Cllr Golding. UNANIMOUSLY RESOLVED that the following comments be submitted to the General Appeals Committee: a) As per the Zoning Scheme, the building should not exceed 25 meters in height, like the surrounding buildings b) The developer must obtain a formal opinion from the Civil Air Aviation Authority, or an expert from a helicopter company, as to the risk factor posed by the flight path of helicopters over the building. c) On page 43, par. 6.2.1 -The Western Cape Health Department comments indicated that they are in agreement with the City’s original decision to refuse the application. d) That Subcouncil 16 supports the REFUSAL of the application for a height departure, as set out in annexure A to the report, for the reasons contained in the original report, for Erven 27147 and 27148 Observatory in terms of Section 36 of the Land Use Planning Ordinance No. 15 of 1985. 15/05/17: Ms Juliet Leslie briefed the meeting as to the report. Cllr Patrick Chapple questioned whether all the objection letters received by COCT were included in the report received from Subcouncil 15. Ms Leslie advised that this needed investigation. After discussion, Subcouncil 16 agreed as follows: UNANIMOUSLY RESOLVED that the application for height Departure in terms of the Land Use Planning Ordinance, Erven 27147 and 27148, Observatory BE DEFERRED to the next Subcouncil 16 meeting and that all letters of objectors be included in the report.

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