View MPT resolution details
MPT South Western
Agenda item no
MPTSW 40/10/2017
Subject
APPLICATION FOR RELAXATION OF RESTRICTIVE TITLE DEED CONDITIONS, COUNCIL'S CONSENT AND DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 9393 CONSTANTIA, 48 POLLSMOOR ROAD, TOKAI. ID:70290830
Y JAFTA/ P HOFFA
Meeting date
Tuesday, October 17, 2017
Resolution
Refused
Date closed
Monday, October 23, 2017
Resolution details
RESOLVED that:
a. The application relaxation of restrictive title deed conditions, as set out in Annexure A, for Erf 9393 Constantia, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.
b. The application for consent for a freestanding telecommunication station in terms of Item 55(b) of the Development Management Scheme for Erf 9393 Constantia, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.
c. The application for a departure, as set out in Annexure A, for Erf 9393 Constantia, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.
REASONS FOR DECISION
The MPT REFUSED the application for the following reasons:
1. The site is embedded within the residential environment, in close proximity to high density forms of development.
2. The visual impact of the mast will be unacceptable in this context.
3. Detailed and comprehensive consideration must be given to alternative sites as it is clearly evident that insufficient attention has been given to viable alternative locations.
4. The proposed base station is not compatible with the surrounding land use.
5. The approval of this application would impact significantly on existing rights and is not considered to be desirable.
Conditions are not approved.
ACTION BY: JAFTA / HOFFA