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MPT South Eastern
Agenda item no
MPTSE 18/10/2019
Subject
WARD 15: APPLICATION FOR SUBDIVISION AND REMOVAL/DELETION OF RESTRICTIVE TITLE DEED CONDITIONS IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015: ERF 67, 139 MAYFAIR AVENUE, HELENA HEIGHTS, BAKKERSHOOGTE. ID:70451557
A ESAU/J WILLIAMS
Meeting date
Tuesday, October 22, 2019
Resolution
Approved
Date closed
Thursday, October 24, 2019
Resolution details
UNANIMOUSLY RESOLVED that:
a. The application in terms of Section 42(g) of the City of Cape Town Municipal Planning By-Law, 2015 for deletion of restrictive title deed conditions C4(a) –(d) as indicated in title deed number 21246/2004, relating to the subdivision, number of dwellings, built upon area and building lines BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015
b. The application in terms of Section 42(j) of the City of Cape Town Municipal Planning By-Law, 2015 for deletion of conditions of approval C4(a) –(d) as indicated in title deed number 21246/2004, as set out in Annexure A, relating to the subdivision, number of dwellings, built upon area and building lines BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015
c. The application in terms of Section 42(d) for the subdivision into three portions (Portion 1: 1036M² & Portion 2: 1044m² and Remainder (1993m2) in accordance with Subdivision Plan No. FP0319/941 – Dated March 2019 BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 in accordance with Subdivisional Plan FP0319/941 – March 2019, Subject to conditions contained in Annexure A
REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend:
7.1.1 The subdivision can be viewed as compatible in the subject area and will result in the optimal utilization of the property. The proposal is within an established urban residential development and is seen to be compatible with the surrounding area.
7.1.4 The deletion of the restrictive title condition/s will not remove any development rights enjoyed by any other property and is compliant with the criteria as set out in the Section 39(5) of LUPA and Section 47 of SPLUMA
Amend Annexure A:
1.1. Application in terms of Section 42(g) of the City of Cape Town Municipal Planning By-Law, 2015 for deletion of restrictive title deed conditions C4(a) –(d) as indicated in title deed number 21246/2004, relating to the subdivision, number of dwellings, built upon area and building lines
1.2. Application in terms of Section 42(j) of the City of Cape Town Municipal Planning By-Law, 2015 for deletion of restrictive title deed conditions C4(a) –(d) as indicated in title deed number 21246/2004, relating to the subdivision, number of dwellings, built upon area and building lines
FOR INFORMATION: ESAU / WILLIAMS