Subcouncil 20

Resolution detail

RESOLVED TO RECOMMEND Subcouncil 20 supports the recommendation to lease of a portion of a public place, being Erf 899 Constantia, shown hatched and lettered ABCDE on the attached plan LT 232/3 and marked annexure A, in extent proximately 1297m², to CA and SCL Capper, owners of Erf 6857 Constantia or his successors in title be approved, subject to inter alia the following Conditions, that: a) The lease will endure for a period of ten years with an option to renew for a further ten years; b) A tariff rental of R 2373,68 per annum excluding VAT of 14% where applicable, being R332,32 (in total – R 2 706) be payable; c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; d) The land will be used for gardening and security purposes only; e) Any boundary fencing is to be of non-permanent type; f) The submission and approval of any necessary building plans in terms of the National Building Regulations, should be submitted to the Planning Department; g) Any fencing that does not required the submission and plans in terms of the National Building Regulations will still require the approval of the Director: Property Management; h) Subject to such further Conditions to be imposed by the Director: Property Management in terms of her Delegated Authority; i) Subject to compliance with any other statutory requirements; j) Any alteration or deviation to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost; k) No excavation is to take place on the site until the requirements of the Occupational Health and Safety Act 85 of 1993 and Section 141(1) of the Municipal Ordinance have been adhered to; l) No mechanical plant to be used within three metres of electricity services without prior reference to the Electricity Department; m) It is the responsibility of the applicant to notify Telkom immediately should the applicant locate Telkom Plant which might not be indicated on the plan; n) It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times; o) A basic Environmental Management Plan (EMP) must be compiled and submitted to Environmental Resource Management for approval within three months of the date of the Lease Agreement. This must include, but not be limited to: i) The proposed alien plant species clearing detailing species, method, timeframes and long term follow-up; ii) The prevention of pollution or contamination of the watercourse. p) The following activities will not be permitted in the water course without the prior written consent from the Director: Environmental Resource Management: i) In-filling or alteration of the existing watercourse; ii) Any work to be undertaken in the watercourse and /or stormwater channels; iii) Changes to the existing ground levels; iv) Placing or constructing any hard structures in or on the property and watercourse; v) Erecting any structures regardless of material and including fences. q) Planting or landscaping on Erf 899 must be with locally indigenous plant species only; r) All perimeter must be visually permeable to ground level and any such structures (i.e. fencing) within the water course must be to the satisfaction of Catchment Management and Environmental Resource Management; s) Where a water meter exists, it should be accessible for water meter reading and maintenance purposes by City of Cape Town; t) Unrestricted access to the proposed lease to be provided; u) No compensation will be payable for any improvement made to the property; v) All outstanding accounts with the City of Cape Town must be settled.