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MPT South Eastern

Agenda item no

MPTSE 7/6/2019

Subject

APPLICATION FOR PERMANENT DEPARTURE AND TEMPORARY DEPARTURE: PORTION 181 OF STELLENBOSCH FARM 959, THIRD AVENUE, FIRLANDS, GORDON’S BAY. ID:70419169 J NEUBERT/J WILLIAMS

Meeting date

Tuesday, June 25, 2019

Resolution

,Approved

Date closed

Thursday, July 04, 2019

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for a temporary departure, for the utilization of a portion of Portion 181 of Farm 959, Third Avenue, Firlands, Gordon’s Bay, for steel fabrication purposes (cutting and welding of steel Sections), BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A hereto;

b. The application for a permanent departure, for the relaxation of the 15m common boundary building lines, along the North-Eastern and South-Eastern property boundaries to between 1.4m and 11.040m, in order to regularize existing outbuildings on Portion 181 of Farm 959, Third Avenue, Firlands, Gordon’s Bay, BE REFUSED in terms of Section 98(c) of the Municipal Planning By-Law, 2015 in accordance with plan no. 6018, dated October 2018.


REASONS FOR THE RECOMMENDED GRANTING OF TEMPORARY DEPARTURE MAY BE SUMMARIZED AS FOLLOWS:

1. The proposal will have a negative social impact (inconvenience and disturbance to surrounding property owners);
2. The proposal in incompatible with surrounding land uses insofar the use is concerned;
3. External engineering services have sufficient capacity to accommodate the proposed development but road infrastructure may have to endure more pressure due to heavier vehicles travelling on access roads at more regular intervals;
4. The proposal could have a potential impact on the health and well-being of the surrounding community, due to excessive noise, disturbances and possible air pollution;
5. The road infrastructure around the subject property will be able to accommodate the slight increase in traffic but will be subjected to heavier axle loads and therewith, deterioration;
6. The limited period (6 months) granted to the applicant to continue with the activities on the property is a reasonable period to enable him/her to seek and secure and alternative and appropriately-zoned venue to continue with the business activities.

REASONS FOR THE RECOMMENDED REFUSAL OF A PERMANENT DEPARTURE MAY BE SUMMARIZED AS FOLLOWS:

1. The applicant indicated these structures are temporary and can be relocated
2. The size of the property allows for adherence to the 15m building line

Amend Annexure A:
1.2 Applications refused in terms of Section 98(c) of the By-Law:
A permanent departure, for the relaxation of the 15m common boundary building lines along the North-Eastern and South-Eastern property boundaries of Portion 181 of Farm 959, Third Avenue, Firlands, Gordon’s Bay to between 1.4m and 11.040m, in order to regularize existing outbuildings on the property.

Note: It would be expected that the City ensures the structures be demolished within 6 months

FOR INFORMATION: NEUBERT / WILLIAMS



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