MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for rezoning of Erf 1824, Gaylee from General Business zone 1 (GB1) to Subdivisional Area Overlay Zone (SAOZ) for residential purposes, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law of 2015 (as amended), subject to the conditions attached as Annexure A.

b. The application for subdivision of the property into 84 portions, consisting of 81 x Single Residential 1 (SR1) zoned portions, 1 x public open space (OS2), 1 x Utility zoned (UT) portion, a remainder public road (TR2), BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law of 2015 (as amended), in accordance with Subdivision Plan No APS/1842/SUB2, dated March 2023; see Annexure C, subject to the conditions attached as Annexure A.

c. The application for the implementation of the above subdivision in 3 phases (Phases 1A-1B and Phase 2) BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law of 2015 (as amended), in accordance with Phasing Plan No APS/1842/PH_v1; see Annexure D, subject to the conditions attached as Annexure A.

RESOLVED BY 4 VOTES TO 1 that:
d. The application for consent use to permit house shops on newly created Portions 1-5 and Portions 69-77 of Erf 1824, Gaylee, BE REFUSED in terms of Section 98(c) of the City of Cape Town Municipal Planning By-Law of 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 amend reason 7.1.3 as follows:

7.1.3 No departures from the Development Management Scheme has been applied for. As such, the proposal is considered to align with the Development Management Scheme.

Add reason as follows:
7.2 The MPT REFUSED the application for the following reason:
7.2.1 The predetermination of land use rights in the form of house shops is not supported as it presents circuitous access to such residential erven and house shops to the potential detriment of the resident community. Furthermore, it is imperative that each application be assessed on its own merits in keeping with potential impacts on surrounding properties.

Annexure A:
Rename condition 1.4 to be 2.1 as follows:
2 Application REFUSED in terms of Section 98(c) of the Municipal Planning By-Law
2.1 Application for consent use to permit house shops on newly created Portions 1-5 and Portions 69-77 in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law 2015 (as amended)

Update numbering sequence.

In condition 3.1 (old numbering condition 2.1), delete the land use row referencing house shops on portions 1-5 and 69-77 in the table on page 34 of the report

That notwithstanding the provisions of the Development Management Scheme, 2015 (as amended), the following shall apply to the subdivision of the subject property:
in accordance with the approved Subdivision Plan No APS/1842/SUB2 (as amended, depicting the deletion of the house shop option), dated March 2023, attached as Annexure C, and the approved Phasing No APS/1842/PH_v1, dated March 2023, attached as Annexure D.

FOR INFORMATION: SNYMAN / DE KLERK