MPT North Western

Resolution details

RESOLVED that:
a. The application for the deletion of title deed restrictions as contained in Annexure A attached in respect of Erf 515, Bantry Bay BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with conditions contained in Annexure A.

b. The application for the amendment of restrictive title deed conditions as contained in Annexure A attached in respect of Erf 515, Bantry Bay BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with conditions contained in Annexure A.

c. The application for permanent departures, in respect of Erf 515, Bantry Bay BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law, 2015.


REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to the following changes:

7.1 Reasons for the recommended decision for approval relating to the application for permanent departures may be summarised as follows:
7.2.1 The proposal will not have a significant negative impact on the rights of the surrounding owners
7.2.2 The proposed building within the 3m building line is of such a nature that it will not impact negatively on the surrounding urban area
7.2.3 The scale and form is regarded as being compatible with the surrounding built form
7.2.4 The approval of the departure applications will not impact significantly on the existing rights and is considered to be desirable in terms of Section 99(3) of the Municipal Planning By-Law
7.2.5 Retention of the separation of built structures from the streetscape

Amend Annexure A as follows:
1.1 DELETION OF RESTRICTIVE TITLE DEED CONDITIONS CONTAINED IN DEED OF TRANSFER NO. T.31918/2022 FOR ERF 515 BANTRY BAY AS FOLLOWS:

1.1.1 Delete - Condition 1.E.2. No more than one house shall be built on each lot and no dwelling house to be built shall be inconsistent with the environment.
1.1.2 Delete - Condition 1.E.3. Each house shall be used only as a dwelling house.
1.1.3 Delete - Condition 1.G.1. That a space of not less than 1.57 meters in width be left in front of this lot fronting or abutting on the road marked “Road” on the annexed diagram thereof; such space may be utilised as gardens or forecourts.

Correct heading as follows:
1.2 AMENDMENT OF THE FOLLOWING CONDITIONS FROM DEED OF TRANSFER NO. T.31918/2022 FOR ERF 515 BANTRY BAY:

1.2.1 Amend - Condition 1.G.2. That not more than one dwelling be erected on this lot without the written consent of the Council of the City of Cape Town and that not more than one-third of the area of this lot be built upon.
To read:
‘That not more than two dwelling units be erected on Erf 515 Bantry Bay. The property may not be developed with flats containing three or more dwelling units and may not be consolidated with any of the abutting erven’

Correct paragraph 2 heading as follows:
APPLICATIONS APPROVED IN TERMS OF SECTION 98(b) OF THE BY-LAW

FOR INFORMATION: FULLARD / SEPTEMBER