MPT North Eastern

Resolution details

RESOLVED that:

a. The application in respect of Erf 77, Goodwood for the deletion of Township establishment conditions as reflected in B(a), B(b), B(c), and B(d) as they appear in Title Deed T39624/2013, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015.

b. The application for permanent departure from the City of Cape Town Development Management Scheme in respect of Erf 77, Goodwood to allow for a second carriage way crossing BE APPROVED in terms of Section 98(b) of the Cape Town Municipal Planning By-law, 2015.

c. The application in respect of Erf 77, Goodwood for rezoning from Single Residential 1 (SR1) to General Residential Zone (GR2), BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015.

d. The application in respect of Erf 77, Goodwood for consent use to permit a Clinic/Wellness Centre BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015.

e. The application in respect of Erf 77, Goodwood for temporary use departure to permit a hair and nail salon for a maximum period of 5 years BE APPROVED in terms of Section 98(b) of the Municipal Planning By-law, 2015.

f. The application for permanent departure from the City of Cape Town Development Management Scheme in respect of Erf 77, Goodwood to allow for

I. Relaxation of the parking bay requirement to 8 parking bays, in lieu of 15 parking bays.
II. The reversing over the sidewalk on a property zoned GR2.
III. Relaxation of North East common building line to 0m lieu of 4.5m to permit the existing carport.
IV. Relaxation of South West common building line to 0m in lieu of 4.5m to permit the existing carport

BE APPROVED in terms of Section 98(b) of the Cape Town Municipal Planning By-law, 2015.

Annexure A

CASE ID: 1500006008 (70583676)

1. APPLICATIONS GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW

1.1. Application is made in terms of Section 42(j) of the Municipal Planning By-law, 2015 (MPBL, 2015) for the deletion of Township establishment conditions, Clauses conditions B(a), B(b), B(c), and B(d) as they appear in Deed of Transfer T39624/2013.
1.2. Application is made in terms of Section 42(a) of the Municipal Planning By-law, 2015 (MPBL, 2015) for the rezoning of Erf 77, Goodwood from Single Residential 1 (SR1) to General Residential Zone (GR2).
1.3. Application is made in terms of Section 42(i) of the Municipal Planning By-law, 2015 (MPBL, 2015) for Consent Use to permit a Clinic/Wellness Centre.
1.4. Application is made in terms of Section 42(c) of the Municipal Planning By-law, 2015 (MPBL, 2015) for a temporary use departure to permit a hair and nail salon for a maximum period of 5 years.
1.5. Application is made in terms of Section 42(b) of the Municipal Planning By-law, 2015 (MPBL, 2015) for permanent departures from the development rules of the Development Management Scheme (DMS), to permit the following:
1.5.1 Relaxation of the parking bay requirement to 8 parking bays, in lieu of 15 parking bays.
1.5.2 2nd carriageway crossing (CWC), in lieu of 1.
1.5.3 The reversing over the sidewalk on a property zoned GR2.
1.5.4 Relaxation of North East common building line to 0m lieu of 4.5m to permit the existing carport.
1.5.5 Relaxation of South West common building line to 0m in lieu of 4.5m to permit the existing carport.

2. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW

LAND USE MANAGEMENT

2.1 That the temporary land use departure approval be valid for a maximum period of five years from the date of Councils final notification of this decision.
2.2 That the operating times be restricted to Monday to Saturdays only. Mondays to Fridays 8H30-17h00 and Saturdays 7h00-14h00.
2.3 That the residential component of the property be retained by keeping the proposed flat with a kitchen and that it shall be occupied for such purposes at all times.
2.4 That the Clinic / Wellness centre be restricted to a floor area as proposed and operated, as indicated on the Site Development Plan attached as Annexure C.

NOTE: The submission of a building plan to Council is required for the change in use from Single Residential to Consent Use for a Clinic/Wellness Centre, to ensure compliance with the required health and safety standards related to such operations.

ROADS INFRASTRUCTURE AND MANAGEMENT

2.5 That the owner/developer shall pay a development charge (DC) in accordance with the approved Development Charges Policy for Engineering Services for the City of Cape Town.
a. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R60 441.91 and it must be noted that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA.
b. DC’s will be payable prior to approval of building plans or within 30 days of final approval of this application if no building plan approval is required.
c. The applicant can contact Mrs. Michelle Ackerman (Michelle.Ackerman@capetown.gov.za; 021 444 7112) for payment arrangements.

2.6 That No signboards shall be placed within the road reserve.
2.7 That the existing kerbs shall be raised at the cost of the owner to allow for only the two proposed carriageway crossings to remain, 6m and 5.5m, respectively.

TRANSPORT PLANNING

2.8 That the carriage way crossings must be constructed in accordance with the City’s specifications.
2.9 That a permit must be obtained to allow construction work within the road reserve from the Transport: Roads Infrastructure and Management branch.

WATER AND SANITATION DIRECTORATE

2.10 That the existing sewer and water connection to the property is to be retained and utilized. Any changes to the existing sewer and water connection will be for the developer’s account.
2.11 That an application for a new sewer connection is to be submitted to sewconn.athloner4@capetown.gov.za should one be required.
2.12 That any upgrades/alterations/deviations to the existing sewer and water reticulation network (including connections) required as a result of the development will be for the account of the developer.
2.13 That where sewer services that are servicing other properties cross erf 77, servitudes will be required.

LANDSCAPING
2.14 That the Landscaping depicted on Annexure C must be implemented substantially in accordance with the Site Development Plan
ENERGY DIRECTORATE

2.15 That the erf is at present electrically serviced for Single Residential 1 use only. After approval of the rezoning application the owner can still make use of the existing supply subject to following conditions:
a. The owner of the erf must apply for a tariff conversion to the applicable commercial tariff.
b. An electrical Shared-network Charge (SNC) for the difference between Single Residential 1 and General Residential Zone.
c. Timeous formal application for the tariff conversion and SNC must be made and paid for before approval for the rezoning will be granted by this Department.

2.16 That the owner will be responsible for the costs to increase supply to the erf as well as any changes to the existing network as a result of this application, should it be required.

Note: Enquiries regarding Electricity Generation and Distribution Department comments may be directed to: Charise de Villiers charise.devilliers@capetown.gov.za and 021 400 4681 for Area South.
Electrical infrastructure may exist on the property or in its vicinity. A wayleave shall be obtained from the Electricity Generation and Distribution Department before any excavation work may commence. In this regard, please contact the Drawing and Record Centre Office East:

Khanyisa.TyaliNcithi@capetown.gov.za

REASONS FOR DECISION:
The MPT APPROVED for the reasons set out below

1. The proposed rezoning to General Residential 2 with Consent Use to allow for a clinic/wellness centre as well as the proposed temporary land use departure to allow for a hair and nail salon, is regarded as compatible with the character and use of immediately abutting residential development and is not considered to represent business creep into the residential area.
2. The rezoning of the property, consent use and land use departures are regarded as being spatial consistent and enhances Council’s policy with specific reference to Social and Economic Development.
3. Mitigating measures are being imposed in the conditions of approval relating to scale, times of operation, landscaping and engineering requirements.
4. The temporary departure for the existing hair salon and nail bar is considered compatible within its residential setting as an extensive public participation process, involving 618 registered letters, elicited no objections from the neighbourhood. The Consent Use does not undermine the residential character, which is already established, or the wellbeing of the neighbourhood residents.
5. The application for permanent departures in terms of onsite parking reduction, reversing across the footway, as well as building line departures for the carports has no significant negative impact on the safety or circulation of vehicular traffic or pedestrian circulation. Furthermore, it is supported by Council’s Transport and Roads Department and the Site Development Plan has been amended to accommodate most parking bays at the rear of the property.
6. The proposed second carriage way crossing will not adversely impact traffic and pedestrian safety in the adjoining roadway that represents a minor residential street.
7. The permanent departure applied for in this respect has no adverse impact on external engineering services, heritage, or the biophysical environment.
8. The rezoning, consent use, land use and permanent departures, are considered to be desirable in terms of Section 99 (3) of the Municipal Planning Bylaw.
9. The deletion of the township establishment conditions is merited and has no negative social, financial or value impact on the township.

FOR INFORMATION:
ACTION: N NGXWASHULA / T KOTZE