MPT South Western

Resolution details

RESOLVED UNANIMOUSLY

That the application for the subdivision of Remainder Erf 48510 Cape Town at Newlands, as per plan of subdivision LUM/00/48510, 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 reasons set out in the Planner’s report except reasons 7.1.1 and 7.1.2 which is amended as follows:

7.1.1. The proposal does not comply with the principle of spatial justice as stipulated in the Spatial Planning and Land Use Management Act and the Land Use Planning Act in that the land claim process has not been finalized and the claimant’s right to a fair process has not been met. Approving the application for subdivision at this stage will prejudice and frustrate the land restitution process. Once the property is subdivided and the portions sold to different owners, it will be considerably more difficult to effect a successful restitution of the land.
7.1.2. The proposal does not comply with the City’s Land Restitution Policy as the proposal contravenes resolution (a) of the said policy as approving the subdivision may render the restoration of land to be impossible.

FOR INFORMATION:
ACTION: M SLAMAT / P HOFFA