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MPT South Western

Agenda item no

MPTSW 84/11/2018

Subject

WARD 59: APPLICATION FOR REZONING, SUBDIVISION AND DEPARTURES IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: REMAINDER ERF 49306 CAPE TOWN AT NEWLANDS, 80 NEWLANDS AVENUE ID: 70353043 P EVARD / P HOFFA

Meeting date

Tuesday, November 20, 2018

Resolution

Approved

Date closed

Thursday, November 22, 2018

Resolution details

RESOLVED UNANIMOUSLY

a. That the application for the subdivision of Remainder Erf 49306 Cape Town at Newlands, as per plan of subdivision LUM/00/49306, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, subject to the conditions contained in Annexure A.

b. That the application for the rezoning of Portions 1 – 5 and 7 – 12 of Remainder Erf 49306 Cape Town at Newlands, from Single Residential Zone 1 to General Residential Subzone GR1, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A.

c. That the application for departures, as set out in Annexure A, for Remainder Erf 49306 Cape Town at Newlands, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

Applications Granted 1.3.5, 1.3.6 and 1.3.7 are amended as follows:

1.3.5. Item 35(e)(ii): To permit the buildings on Portions 8 & 9 to be sited 0m in lieu of 3m from the perimeter boundary of a group housing site.
1.3.6. Item 35(e)(ii): To permit the building on Portion 5 to be sited 2.8m in lieu of 3m from the south-eastern perimeter boundary of a group housing site.
1.3.7. Item 35(e)(ii): To permit a portion of the basement (0.64m above existing ground level) to be sited 1.5m in lieu of 3m from the south-eastern perimeter boundary of a group housing site.

Conditions 2.1.1 and 2.6.1 are amended as follows:

2.1.1. The development on the property shall not exceed the building envelope indicated on the Site Development Plans drawn by Michele Sandilands Architects with drawing numbers: 1701_01_01, 1701_01_03, 1701_01_04, 1701_01_05, 1701_01_08, 1701_01_09, all dated August 2018 and 1602_03_01 dated September 2018 and 1602_02_01, 1602_02_02, 1602_02_04, 1602_02_06, 1602_02_07, 1602_02_08, 1602_02_09 and 1602_02_10 all dated 5 September 2018.

2.6.1. 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 422370-72. This amount is valid until 2019-06-30 and that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA.

Note: Failure to pay the full DC liability will be construed as non-compliance to the conditions of approval.

That the abbreviation etc. be deleted in condition 3.4.1

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons set out in the Planner’s report except reasons 7.1.2 and 7.1.6 which are amended as follows:

7.1.2. The proposal will not significantly alter the character of the area and will not have a significant negative impact on neighbouring properties.
7.1.6 The departures applied for are relatively minor in nature and will not materially affect the surrounding owners and will not negatively affect the streetscape.

FOR INFORMATION:
ACTION: P EVARD / P HOFFA

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