View MPT resolution details
MPT South Western
Agenda item no
MPTSW 22/9/2018
Subject
WARD 73: APPLICATION FOR DELETION OF TITLE DEED CONDITIONS, DELETION OF CONDITIONS OF AN EXISTING APPROVAL, SUBDIVISION & DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 1194 BERGVLIET, 11 TIMBER WAY
ID: 70361112
M SLAMAT / P HOFFA
Meeting date
Tuesday, September 18, 2018
Resolution
Refused
Date closed
Tuesday, September 25, 2018
Resolution details
RESOLVED
a. That the application for deletion of restrictive title deed conditions, as set out in Annexure A, for Erf 1194 Bergvliet, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.
b. That the application for deletion of conditions of an existing approval, as set out in Annexure A, for Erf 1194 Bergvliet, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015.
c. That the application for the subdivision of Erf 1194 Bergvliet, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015,
d. That the application for departures, as set out in Annexure A, for Erf 1194 Bergvliet, 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 subdivision is poorly designed and awkward, trying to fit around an existing building in the centre of the erf
2. The proposal is intrusive and will have a negative impact on the character of the area and on abutting neighbours
3. Due to the ‘gateway’ importance of the site it should be dealt with in a more sensitive manner.
4. The tree plan is unconvincing as buildings are shown too close to existing trees, which are expressly protected in a title deed condition
5. The proposal is contextually inappropriate and does not comply with many aspects of the Densification Policy.
6. There were significant and well-founded objections demonstrating negative impact on existing rights
FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA