MPT South Eastern

Resolution details

UNANIMOUSLY RESOLVED that:
The application for removal of condition D(a) of Title Deed No T9549/2010 for Rem Erf 1102, Somerset West, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend as follows:

6.1.1 Removal of the title deed condition will enable the existing professional office use to be regularised on a permanent basis with associated personal benefits for the owner and associated benefits for the local community, especially those who use the services offered by the specialised therapy centre.
6.1.2 There is no social or other benefit in retaining the condition regulating the use of the property and removal thereof would not affect any financial or other value for any person or entity.

Add new:
There are adequate measures in the Development Management Scheme to control use and it is not necessary to repeat such measures in the Title Deed

Delete reason 6.1.3

Amend the following in the Case Officer’s report:
5.1.3 Personal benefits associated with the removal of the title deed conditions is that the property can be used optimally

5.2.1 If the removal, amendment or suspension will deprive any person of property as contemplated in Section 25 of the Constitution, then due regard must be had for the respective rights of all those affected, and to the public interest – none of these rights will be affected

FOR INFORMATION: WAGNER / WILLIAMS