MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY

That the application in terms of Section 42(d) of the Municipal Planning By-Law 2015 to permit the subdivision of Remainder Paarl Farm 1571 into 3 portions as indicated on Plan no SUBD-FARM1571/05 dated 4 July 2017 BE APPROVED in terms of Section 98 (b) of the Municipal Planning By-law, 2015.
NEW CONDITIONS OF APPROVAL
ANNEXURE A
In this annexure:
“City” means the City of Cape Town
“The owner” means the registered owner of the property
“The property” means Remainder Farm 1571, Paarl
“Bylaw” and “Development Management Scheme” has the meaning assigned thereto by the City of Cape Town Municipal Planning Bylaw, 2015 (as amended)
“Item” refers to the relevant section in the Development Management Scheme
“Commissioner: TDA” means Commissioner: Transport & Urban Development Authority
CASE ID: 70294493
1 APPLICATIONS GRANTED IN TERMS OF SECTION 98(b) OF THE BY-LAW
1.1 Subdivision of Remainder Farm 1571, Paarl as follows:
• Portion 1, approximately 108.9628 ha in extent, zoned Agricultural Zone (AG);
• Portion 2, approximately 1.8098 ha in extent, zoned Transport Zone 2 (TR2), and;
• Remainder, approximately 76,987 ha in extent, zoned Agricultural Zone (AG).
2 CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BY-LAW
DEVELOPMENT MANAGEMENT
2.1 That an amended subdivision plan be submitted for approval. The amended subdivision plan shall be substantially in accordance with the Subdivision Plan no. SUBC-FARM1571/05 dated 4 July 2017 and attached as Annexure C, but shall incorporate the requirements set out in Condition 3.6 below.
3 TRANSPORT FOR CAPE TOWN: ROADS AND STORMWATER
3.1 No additional access to the R304 will be allowed.
3.2 No services can be delivered or are available in this rural area.
3.3 That permission be obtained from the Provincial Roads Engineer regarding the width to be subdivided off for road reserve purposes along Main Road R304.
3.4 That any access off Main Road R304 be confirmed and approved by the Provincial Roads Engineer.
3.5 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.
The total amount payable for the proposed land use right in accordance with the attached DC calculation is R 32 973.18 and it must be noted that the amount due will be escalated annually with the Construction Price Adjustment Factor (CPAF) using the industry indices of StatsSA.
DC’s will be payable prior to any transfer of properties, approval of building plans or within 30 days of the approval of the land use where no transfer or building plans are required. Failure to pay the full DC liability will be construed as non-compliance to the conditions of approval and render the new land use to a non-confirming application.
3.6 That an amended subdivision plan be submitted for approval that indicates the road reserve width and length to be subdivided off for road reserve purposes.
4 PROVINCIAL ROADS ENGINEER
4.1 The geometric and materials design plans for any work to be done within the road reserve of PMR 174, having been scrutinized by the affected Directorates of the City of Cape Town are submitted to this Branch’s Design Directorate (Ms MK Hofmeyr 021 483 3999) for final approval.
TELKOM
5.1 Should alterations or relocation of existing infrastructure be required, such work will be done at the request and cost of the applicant.
6 ESKOM
6.1 Building and tree restriction 9m on either side of the centre line of the overhead power line must be observed.
6.2 No construction work may be executed closer than 6m from any ESKOM structure or structure-supporting mechanism.
6.3 No work or machinery nearer than 3m to any conductor of the overhead power lines.
6.4 Minimum ground clearance of 6.3m of the overhead power line must be maintained.
6.5 Natural ground level must be maintained within ESKOM reserve areas and servitudes.
6.6 Any rerouting or relocation of existing ESKOM power lines and infrastructure would be for the cost of the applicant / developer.
6.7 Should alterations or relocation of existing infrastructure be required, such work will be done at the request and cost of the applicant.
REASONS FOR DECISION:

The MPT APPROVED the application for the following reasons as set out below

1. The negative comments from the Provincial and National Departments of Agriculture do not provide substantive reasons for the refusal of the application.
2. The farm is already physically subdivided by the R304
3. The proposed subdivision does not necessarily imply that agricultural viability is being undermined.
4. There are similar sized farms in the vicinity.
5. The proposal is supported by the all council’s internal departments.
6. The proposal is desirable as contemplated in terms of Section 99 (3) of the Municipal Planning By-law, 2015.

FOR INFORMATION:
ACTION: D DE KLERK / S VAN RENSBURG