Resolution details
UNANIMOUSLY RESOLVED that:
a. The application for consolidation of the Erven 16912, 16913, 16914, 16915, 16916, 16917, 16918, 16919, 17726, 17971, Paarden Eiland, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, in accordance with the consolidation diagram attached as Annexure C2.
b. The application for rezoning of the Erven 16912, 16913, 16914, 16915, 16916, 16917, 16918, 16919, 17726, 17971, Paarden Eiland from General Industrial (GI2) to Mixed Use 3 (MU3), BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
c. The application for permanent departures for Erven 16912, 16913, 16914, 16915, 16916, 16917, 16918, 16919, 17726, 17971, Paarden Eiland, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
d. The application for the deletion of title deed restrictions for Erven 16912, 16913, 16914, 16915, 16916, 16917, 16918, 16919, 17971, Paarden Eiland, as set out in Annexure A, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.
REASONS FOR DECISION
The MPT APPROVED the application for the following reasons:
1. The development proposal is compliant with Section 99(1), Section 99(2) and Section 99(3) of the Municipal Planning By-Law 2015
2. The consolidation of the properties has no adverse impacts on surrounding properties and enables a more effective development of the site
3. The proposal is consistent with Spatial Planning Frameworks and presents a spatially logical development given its particular location and exposure to the R27 (Marine Drive)
4. The proposal is policy compliant in that it fulfills Council’s approach towards densification and intensification within the Urban Inner Core as well as addressing Urban Design and Tall Building policy criteria
5. The proposal will have a significantly positive socio-economic impact in terms of providing employment and residential rental accommodation; a significant portion of which is to be made available for affordable rental opportunity
6. Given the mixed-use nature of the proposal (which incorporates a hotel, industrial, retail, office and residential units) and its particular location, the impact on the abutting industrial development is not regarded as being negative. Given the current development on the property for, inter alia, showroom space, the use of the consolidated property as proposed will not undermine the integrity of the industrial area as such re-development / mixed uses are confined to the strip of properties located between Marine Drive Service Road and Shropshire Street
7. The proposal will bring people closer to place of employment and economic opportunity and add to the tourism economy of the City
8. The proposed rezoning and departures will facilitate a specific type of mixed land use which includes a substantial residential component (including flats and a hotel), which is considered to be desirable in this context; which is characterized by the existing predominantly industrial, commercial and retail uses
9. The proposal will impact positively on the surrounding industrial developments and not negatively undermine the character thereof. Safety and security will also be enhanced in that a residential presence forms part of the development
10. The incorporation of affordable rental accommodation is commendable and accords with the land use planning principles and provisions contained in the Land Use Planning Act 2014 and Spatial Planning and Land Use Management Act 2013
11. The proposal is well-located being accessible to and from the CBD via Marine Drive (R27) as well as being highly accessible to the N1 Freeway and the Blackriver Parkway (M5) via the adjacent Section Street. The proposal does not undermine public transport, but would add to its sustainability whilst also providing an adequate measure of on-site parking
12. The proposed design allows for the on-site parking on levels 1 & 2 to be converted to habitable spaces in future. This is considered appropriate in light of the fact that the property is located in a PT2 zone that has a zero parking requirement
13. The deletion of the title deed provisions is fully compliant with Section 47 of the SPLUMA and Section 39(5) of the Land Use Planning Act as it does not impact on the rights of industrial property owners to exercise their current zoning rights, contributes significantly to the social and financial benefit of all parties and does not adversely impact on the personal benefits of owners that currently prevail
14. The boat building industry will not be displaced by this development
15. Proposed industrial development along Shropshire Street allows for a positive interface with the industrial uses in Paarden Eiland and provides opportunity for the inclusion of small and medium enterprises
Amend Annexure A as follows:
1. APPLICATIONS GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW
1.1 Consolidation of the erven 16912, 16913, 16914, 16915, 16916, 16917, 16918, 16919, 17726, 17971 into one erf.
Delete the heading paragraph ‘2’
2.1 becomes 1.2
2.2 becomes 1.3
2.2.1 becomes 1.3.1
2.2.2 becomes 1.3.2
2.3 becomes 1.4
Update numbering sequence accordingly
Old paragraph 3 is renumbered to paragraph 2
2.1 (old 3.1) SITE DEVELOPMENT PLAN
Update old 3.3.1 to be 2.1.1
2.1.1 (old 3.3.1) Prior to building plan submission, the applicant shall submit a Site Development Plan (SDP) for the approval of the delegated official: Development Management. Such SDP shall, inter-alia show:
Amend bullet point 2:
Industrial component (minimum 2000m2);
Amend bullet point 3:
Inclusionary rental housing component indicating location and unit extent (as per 3.2 below);
Add new bullet point:
Hard and soft landscaping
Renumber 3.3.2 to be 2.1.2
2.2 (old 3.2) INCLUSIONARY HOUSING
2.2.1 (old 3.2.1) A minimum of 20% of the housing units of the development shall comprise inclusionary rental housing units as defined below, with such units having a minimum floor area of 35m2 in extent per unit.
Change old 3.2.2 to be a ‘note’ as follows:
NOTE: An inclusionary rental unit means a unit that is provided for rental accommodation and that is affordable to a household earning a maximum household income of R18000 per month at 2019 levels with an annual increase equal to the annual CPX issued by StatsSA.
2.2.2 (old 3.2.3) The residential units to be allocated for inclusionary rental units must be shown as inclusionary rental units on the SDP referred to in 2.3.1 (old 3.3.1) above, as well as on building plans.
Delete old 3.2.4
Update numbering sequence accordingly
2.6 (old 3.6) DEVELOPMENT CONTRIBUTION
2.6.1 (old 3.6.1) Prior to building plan approval, the owner shall pay a financial contribution towards the provision of bulk civil engineering services in the amount of R 3 534 494.74 as well as R 47 633.66 for stormwater services, such financial contribution shall be subject to escalation to be calculated as follows:
Numbering sequence throughout Annexure A to be updated accordingly.
Parties were advised of their right of appeal.
FOR INFORMATION: LESLIE / SEPTEMBER
