Resolution details
UNANIMOUSLY RESOLVED that:
FOR APPROVAL:
a. The application in terms of Section 42(g) of the City of Cape Town Municipal Planning By-Law, 2015, for the removal of restrictive title deed conditions B(I)(b), B(I)(c), B(I)(d) and II(k) contained in the Title Deed T80077/96 in respect of Erf 5572, Milnerton (Table View) BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
b. The application in terms of Section 42(j) of the City of Cape Town Municipal Planning By-Law, 2015, for the amendment of the original township establishment conditions as it relates to Erf 5572, Milnerton (Table View) BE APPROVED in terms of Section 98(b)(i) of the Municipal Planning By-Law, 2015 (as amended).
c. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit the proposed covered patio to be setback 0m in lieu of 3m from the south common boundary, for Erf 5572, Milnerton (Table View) BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended), subject to the conditions contained in the attached Annexure A.
d. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit a carriageway crossing width of 8.5m wide in lieu of 8m wide, for Erf 5572, Milnerton (Table View), BE APPROVED, in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended), subject to the conditions contained in the attached Annexure A.
Make recommendation 8.4 part of ‘recommendations refused’ and update numbering sequence
FOR REFUSAL
e. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit garages to be setback 0m in lieu of 5m from the street boundary on Erf 5572, Milnerton (Table View), BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
f. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit the entertainment and storeroom to be setback 0.433m in lieu of 3m from the west common boundary for Erf 5572, Milnerton (Table View), BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
g. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit a street boundary wall with 0% permeability in lieu of 25% permeability, for Erf 5572 Milnerton (Table View) BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
h. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, for a permanent departure to permit a 4.15m long common boundary wall to be a height of 3.5m high in lieu of a maximum of 2.5m high for Erf 5572, Milnerton (Table View), BE REFUSED, in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law, 2015 (as amended).
REASONS FOR DECISION
The MPT partially APPROVED and partially REFUSED the application for the reasons set out in the Planner’s Report and agreed to the following changes:
Amend reason 7.2.4 as follows:
7.2.4 The proposed south common boundary setback departure will not pose an adverse impact on the safety, health and wellbeing of the surrounding community.
Add new reason for refusal as follows:
7.3.5 A 3.5m tall boundary wall without a garage is not considered to be desirable or justifiable
Annexure A:
Correct condition 1.1.4 as follows:
1.1.4 (II)(j) No wood and iron building of any description shall be erected on this erf.
Include condition 1.3.2 under the heading ‘applications refused’ and renumber as follows:
2.1.4 Item 136(b)(c) of the Development Management Scheme to permit a common boundary wall of 3.5m in height along the north common boundary.
FOR INFORMATION: ODENDAAL / ALLIE
