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View MPT resolution details

MPT North Western

Agenda item no

MPTNW 31/5/2018

Subject

APPLICATION FOR DELETION OF TITLE DEED RESTRICTIONS, APPROVAL OF COUNCIL AND DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 580, 24 FOREST DRIVE PINELANDS. ID:70291980 J SAN GIORGIO/G SEPTEMBER

Meeting date

Tuesday, May 08, 2018

Resolution

,Approved

Date closed

Monday, June 04, 2018

Resolution details

UNANIMOUSLY RESOLVED that:

a. The deletion of the restrictive title deed conditions B1, and C3 and the amendment of B2 and C2 as contained in Annexure A in respect of Erf 580, 24 Forest Drive Pineland, BE APPROVED, in terms of Section 98(b) of the Municipal Planning By-Law subject to conditions contained in Annexure A attached.

b. The deletion of the restrictive title deed condition C1 as contained in Annexure A in respect of erf 580, 24 Forest Drive Pinelands, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law.

c. The application for the departures as contained in Annexure A attached in respect of Erf 580, 24 Forest Drive Pineland, BE APPROVED, in terms of Section 98(b) of the Municipal Planning By-Law subject to the amended conditions contained in Annexure A attached

d. The application for the departures as contained in Annexure A attached in respect of erf 580, 24 Forest Drive Pinelands, BE APPROVED, in terms of Section 98(b) of the Municipal Planning By-Law subject to conditions contained in Annexure A attached

REASONS FOR DECISION
The MPT partially APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend reason 5 as follows:

The roof profile and the roofscape, windows below the roof eaves on the north and south facades will need to comply with the previous building plan approval.

The MPT partially REFUSED the application for the following reason:
Business uses on this property would be inappropriate.

Amend Annexure A:
1.2 Amendment of condition B2:
The plot shall not be subdivided.

Amend 1.4:
Condition C2 must not be deleted but must be amended as follows:
‘That not more than one building be erected on the said lot’

Delete 1.3


1. DEPARTURES GRANTED IN TERMS OF SECTION 98 OF THE MUNICIPAL PLANNING BY-LAW TO PERMIT DEPARTURES FROM:

4.1 From Item 41(b), to permit a street boundary setback (Homestead Way) of 3.5 in lieu of 4.5m in accordance with plans in Annexure C.

4.2 From Item 41(b), to permit a southern and west common boundary setback of 1.5m in lieu of 3m in accordance with plans in Annexure C.

2. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BY-LAW

5.1 An amended SDP shall be submitted within 60 days of the ‘notice of decision’ and shall ensure appropriate aesthetic/architectural designs of the building in its context relating to:

• The roofscape which shall be in accordance with the 2013 approved building plan to the satisfaction of the Director: Development Management after consultation with the Director: Environmental Management
• The removal of windows positioned parallel to and immediately below the roof eaves on both the northern and southern elevation
• A detailed design of all of the windows to the satisfaction of the Director: Development Management after consultation with the Director: Environmental Management
• A detailed design of the boundary wall and other aspects of the building to the satisfaction of the Director: Development Management after consultation with the Director: Environmental Management

5.2 A landscape plan, drafted by a qualified registered landscape architect, shall be submitted showing the provision of landscaping along the property boundary internal to the property, which shall include the provision of indigenous trees, which shall contribute to reducing the appearance of the massing and scale of the building, to the approval of the Director: Development Management. The landscape plan shall accompany the SDP referred to in 4.1 above.

5.2.1 The landscaping referred to in 5.2 above, shall be implemented within 3 months of obtaining building plan approval, to the satisfaction of the Director: Development Management.

Delete the sentence above 5.2 ‘as depicted on the SDP contained in Annexure D attached to the approval of the Director: Development Management’

FOR INFORMATION: SAN GIORGIO / SEPTEMBER

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