MPT North Western

Resolution details

RESOLVED by casting vote that:
a. The application for the Removal of restrictive title deed and land use condition I.D.1.(b) in Deed of Transfer T37935/2019 as set out in Annexure A, for Erf 28173 Cape Town, as set out in Annexure A BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.

Refused by casting vote:
b. The application for Council’s Consent as set out in Annexure A on Erf 28173 Cape Town for the place of worship BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015 in accordance with the plans in Annexure C1

Approved by casting vote:
c. The application for Council’s Consent as set out in Annexure A on Erf 28173 Cape Town for the place of instruction BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with the plans in Annexure C1 and subject to the conditions in Annexure A.

Refused by casting vote:
d. The application for Council’s Approval as set out in Annexure A on Erf 28173 Cape Town BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015 in accordance with the plans in Annexure C1

Approved unanimously that:
e. The application for Permanent Departures as set out in Annexure A on Erf 28173 Cape Town for the place of instruction BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with the plan indicated in Annexure C1 and subject to conditions in Annexure A.


Refused by casting vote that:
f. The application for Permanent Departures as set out in Annexure A on Erf 28173 Cape Town for the place of worship BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015 in accordance with the plan indicated in Annexure C1

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 the following changes:

Amend subheading 7.1 as follows:
7.1 Reasons for the recommended decision for approval relating to the application for Council’s Consent and Permanent Departures for the ECD may be summarised as follows:

Amend reason 7.1.9 as follows:
7.1.9 The small place of instruction (ECD) for 30 children will not have a materially negative impact on the heritage significance of the site or on the surrounding area.

Ameand reason 7.1.10 as follows:
7.1.10 The place of instruction (ECD) will not negatively impact existing infrastructure

Delete reason 7.1.8
Delete reason 7.1.11
Delete reason 7.1.12

Add new subheading 7.2 with reasons as follows:
7.2 Reasons for the recommended decision for refusal relating to the application for the Removal of a restrictive title deed and land use condition and Council’s Approval may be summarised as follows:
7.2.1 The cumulative impact of the ECD for 30 children and the place of worship for 142 worshippers in this location is not considered to be desirable
7.2.2 The negative impact of the proposal cannot be mitigated by conditions
7.2.3 Dixton Road is a cul-de-sac and any overspill parking will have a negative impact on the residents in Dixton Road
7.2.4 The removal of a substantial stand of trees in a Heritage Protection Overlay Zone is not desirable

Annexure A:
1. APPLICATIONS GRANTED IN TERMS OF SECTION 98(b) OF THE BY-LAW
1.1. Section 42(i): Council’s Consent:
Item 21(c): To permit a Place of Instruction as a consent use in a Single Residential SR1 zone.
1.4 ¬¬Section 42(b): Permanent Departures from the Development Management Scheme (DMS):
a) Item 22(d): To permit the ECD Centre to be set back 2.773m in lieu of 6m from the north western common boundary.



2. APPLICATIONS ¬REFUSED IN TERMS OF SECTION 98(c) OF THE BY-LAW
2.1 Section 42(g) and (j) of the MPBL: The removal / deletion of restrictive title deed condition I.D.1.(b) in Deed of Transfer T37935/2019 related to building line restrictions in order to permit the proposed Place of Worship to be situated in the proposed position on the property.
2.2 Item 21(c): To permit a Place of Worship as a consent use in a Single Residential SR1 zone.
2.3 Section 42(i): Council’s Approval:
a) Item 121(2): To permit a building within 5.0m of a metropolitan road (Liesbeek Parkway, M57).
Item 162(1): To permit building work, demolition and removal of trees within a Heritage Protection Overlay Zone.
2.4 Section 42(b): Permanent Departures from the Development Management Scheme (DMS):
a) Item 22(d): To permit the auditorium to be set back 0m in lieu of 6m from the south-western common boundary.
b) Item 22(d): To permit the auditorium to be set back 3.03m in lieu of 6m from the street boundary (Liesbeek Parkway).
c) Item 22(c)(ii): To permit the auditorium, within 3m from the south-western common boundary, to be 5.687m in lieu of 4m in height from existing ground level to top of roof

Annexure A:
Amend condition 2.4as follows:
2.4 The owner shall pay a financial contribution towards the provision of bulk engineering services in accordance with the set relevant policy. The relevant department will submit the amount payable and such payment shall be made prior to the approval of building plans or transfer, depending on which occurs first

Amend condition 2.5 as follows::
2.5 The extent of the place of instruction (ECD) shall be generally in accordance with plan number 02-001 Rev 0, dated 12/07/2023 drawn by SLT Architects.

Delete conditions 2.6, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14 and 2.15

Update numbering sequence

FOR INFORMATION: FULLARD / SEPTEMBER