MPT South Eastern

Resolution details

RESOLVED that:

a. The application in terms of Section 42(I) of the City of Cape Town Municipal Planning By-Law, 2015 read with item 136 of the Cape Town Development Management Scheme for the approval of a development framework in accordance with figure 44. Kapteinsklip Mnandi Node Development Framework (see Annexure C1), BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015 on remainder erf 1212, remainder erven 11058 -11065, remainder erf 11067, erven 11068 -11070, remainder erf 17125, erf 23459, remainder erf 23322, remainder erf 21744, erf 23459, erven 41076-41079, erven 41382, 41384, 41533, 41568, 41948, remainder erf 43919 and erf 28094, Mitchell’s Plain.

b. The application for subdivision in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015 as follows:

- Subdivision of Remainder erf 17125 (Halifax Road) into a portion 1 of 24m² and a remainder of 2.3664ha in accordance with plan no KMN/RE17125/SUB (see Annexure C2)
- Subdivision of Remainder erf 21744 (Potez Road) into a portion 1 of 1,011m² and remainder in accordance with plan no KMN/RE17125/SUB (see Annexure C2)
- Subdivision of Remainder erf 23322 (Public Place) into a portion 1 of 258m² and remainder in accordance with plan no KMN/RE17125/SUB (see Annexure C2)
- Subdivision of Remainder erf 1212 into two portions and remainder; portion 1 (6,539m²), portion 2 (58.2 ha) and remainder (Baden Powel Drive) in accordance with plan no KMN/RE1212/SUB (see Annexure C3)
BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

c. The application for consolidation in terms of Section 42(f) of the City of Cape Town Municipal Planning By-Law, 2015 of portion 1 of Remainder erf 1212 (created in application 8.2(iv)), erven 11058-11065 (erf 11061 is an unregistered portion of erf 28079); remainder erf 11067; erven 11068-11070; remainder of Remainder erf 17125 (created in application 8.2(i)), portion 1 of Remainder erf 21744 (created in application 8.1(ii)), portion 1 of Remainder erf 23322 (created in application 8.2(iii)) and erf 23459, Mitchells Plain in accordance with plan no KMN/CONSOL (see Annexure C5) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

d. The application for subdivision in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015 of the consolidated erf (created in application 8.3) into a portion 1 (0.168ha), portion 2 (0.056ha) and portion 3 (10.823ha) in accordance with plan no KMN/CONSOL (see Annexure C5) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

e. The application for rezoning in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 of the portion 1 and 3 (created in application 8.4), to subdivisional area overlay zone (residential, business, associated uses) and portion 2 (created in application 8.4) to transport zone 2 (see Annexure C8) BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-Law, 2015 subject to the conditions as indicated in Annexure A.

f. The application for subdivision in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015 of erf 28094 Mitchells Plain into two portions measuring 3.1844ha (portion 1) and 5.6249ha (portion 2) in accordance with plan no KMN/28094/SR (see Annexure C6) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

g. The application for rezoning in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 of portion 1 (created in application 8.6) to subdivisional area overlay zone (residential, business, associated uses) and portion 2 (created in application 8.6), as a split zoning for general business 2 and Transport Zone 1 (see Annexure C8) BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-Law, 2015 subject to the conditions as indicated in Annexure A.

h. The application for subdivision in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015 of portion 2 of remainder erf 1212 (created in application 8.2(i.v)) into portion 1 (5.8ha) and Remainder (52.4ha) in accordance with plan no KMN/RE1212/SUB.02 (see Annexure C7) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

i. The application for rezoning in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 of portion 2 of Remainder erf 1212 (created in application 8.8), to subdivisional area overlay zone (residential, business, associated uses) and remainder (created in application 8.8) to open space zone 3 (see Annexure C2) BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-Law, 2015 subject to the conditions as indicated in Annexure A.

j. The application for subdivision in terms of Section 42(d) of the City of Cape Town Municipal Planning By-Law, 2015 of Remainder erf 43919 (part of Yellowwood Street) into portion 1 (3,345m²) and remainder in accordance with plan no KMN/RE43919/SUB (see Annexure C4) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

k. The application for consolidation in terms of Section 42(f) of the City of Cape Town Municipal Planning By-Law, 2015 of erven 41076-41079 (unregistered ptns of erf 43918), erf 41382 ((unregistered ptns of erf 43971), erf 41568 and portion 1 of Remainder erf 43919 (created in application 8.10) Mitchells Plain in accordance with plan no KMN/CONSOL (see Annexure C5) BE APPROVED in terms of Section 98 (b)i of the Municipal Planning By-Law, 2015

l. The application for rezoning in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015 the consolidated erf (created in application 8.11), and erven 41948 and 41384 Mitchells Plain subdivisional area overlay zone (residential, business, associated uses) (see Annexure C8) BE APPROVED in terms of Section 98 (b)iii of the Municipal Planning By-Law, 2015 subject to the conditions as indicated in Annexure A.

m. The application for the partial cancellation of the approved general plan GP9268/1967, GP9308/81, GP1630/1981 and 6679/81 (Plan 10403) GP2391/92, GP4489/91, GP6662/91 in terms of Section 42(L) of the City of Cape Town Municipal Planning By-Law, 2015 to permit erven 41948, 11068, 11064 and 23322 allocated as public place to be used for residential mixed use, open space and associated infrastructure, BE APPROVED in terms of Section 98(b)i of the City of Cape Town Municipal Planning By-Law, 2015, subject to the closures of the relevant public places to be concluded by the applicant/developer in consultation with Property Management prior to the approval of any further subdivisions or registration of amended GPs.

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

CONDITIONS OF APPROVAL:
The MPT agreed that condition 2.3 be amended to read as follows:
That prior to the submission of any further subdivision or site development applications the developer shall be responsible for the submission of precinct plans for the various phases of the development for the approval of the Dir: DM. The aforementioned precinct plans notwithstanding compliance with the requirements of item 136 of the DMS, shall also address the following issues:
1. A greater mix of land uses that also includes opportunities for employment.
2. Integration of the Kapteinsklip and Eisleben/Baden Powell Drive nodes and maximizing the development potential thereof.
3. Maximise and optimise the non-motorized transport, pedestrian and public links between the various nodes, which possibly includes proposals related to the activation of the pedestrian bridge over Baden Powel Drive with informal trading.
4. Appropriate interfaces with Baden Powel Drive in recognition of its scenic value

NOTE:
The MPT requested that the following note be brought to the attention of the applicant:
The development, as proposed, does not optimize on the full potential of the site because it specifically does not include into the scope of the study area the diverse range of recreational opportunities along the coastal strip and the opportunities presented at the Mnandi coastal resort area. Consideration should be given into the inclusion of these areas with future amendments of the subject development framework area.

The case officer must revise Annexure A and circulate to the panel members for approval.

ACTION BY: ALLIE / HANEKOM