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MPT South Western

Agenda item no

MPTSW 58/12/2016

Subject

APPLICATION FOR REMOVAL OF A RESTRICTIVE TITLE CONDITION AND PERMANENT DEPARTURE IN RESPECT OF ERF 43785 CAPE TOWN AT 21 ROKEBY ROAD, RONDEBOSCH EAST/CASE ID:70301783 M COLLISON/A MCCANN

Meeting date

Tuesday, December 13, 2016

Resolution

Approved

Date closed

Tuesday, January 10, 2017

Resolution details

UNANIMOUSLY RESOLVED that:

a. The application for the deletion of a restrictive title condition, Clause B(2) contained in Deed of Transfer No T24389/2015 for Erf 43785 Cape Town at 21 Rokeby Road, Rondebosch East IS APPROVED in terms of Section 98 of the Cape Town Municipal Planning By-law;

b. The application for a permanent departure to permit the relaxation of the 1,5m street building line setback for Erf 43785 Cape Town at 21 Rokeby Road, Rondebosch East IS APPROVED in terms of Section 98 of the Cape Town Municipal Planning By-law in accordance with Annexure A, attached hereto.

REASONS FOR DECISION:

1. Reasons for the recommended decision regarding the proposed permanent departure may be summarised as follows:


1.1. The proposal complies with the minimum threshold requirements of Section 99 (1) of the MPBL;
1.2. The proposal is in keeping with the character of the area and will not negatively impact on existing rights, safety, health and well-being of the surrounding community;
1.3. The proposal is considered compatible with the surrounding residential area and desirable in terms of the current development trends in the said area;

2. Reasons for the recommended decision regarding removal of restrictions may be summarised as follows:

2.1. The additions and improvements proposed to the existing building will have a positive economic impact on the area as improvements to the property will increase the market value of the subject and consequently, the surrounding properties;
2.2. The removal of restriction would have personal, financial and social benefits to the owner of the property;
2.3. The removal of restrictive title deed conditions will not result in any personal loss to the surrounding property owners;
2.4. Development of the subject property will still be guided through the provisions and development parameters contained in the DMS;
2.5. The removal of the applicable condition will not remove all rights enjoyed in terms of the Title Deed.

ACTION BY: M Collison/A McCann

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