MPT South Western

Resolution details

RESOLVED that:

a. The application for the deletion of restrictive title deed conditions, for Erf 425 Bergvliet, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The application for the deletion of conditions of an existing approval, for Erf 425 Bergvliet, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for rezoning of Erf 425 Bergvliet, from Single Residential Zone 1 to Local Business Zone 1, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

d. The application for consent, as set out in Annexure A, to permit a shop on Erf 425 Bergvliet, BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

e. The application for departures, as set out in Annexure A, for Erf 425 Bergvliet, BE APPROVED in terms of Section 98() of the Municipal Planning By-Law, 2015.

CONDITIONS OF APPROVAL

AMENDED ANNEXURE A

In this annexure:
“City” means the City of Cape Town
“The owner” means the registered owner of the property
“The property” means Erf 425 Bergvliet, 1 Glen Alpine Way
“Bylaw” and “Development Management Scheme” has the meaning assigned thereto by the City of Cape Town Municipal Planning Bylaw, 2015 (as amended)
“Item” refers to the relevant section in the Development Management Scheme
“Dir: DM” means Director: Development Management or his/her delegatee.

CASE ID: 70436337

1. APPLICATIONS APPROVED IN TERMS OF SECTION 98 (B) OF THE BYLAW:

1.1 The rezoning of the property from Single Residential Zone 1 to Local Business Zone 1.

1.2 Deletion of the following restrictive title conditions from Title Deed T2078/2019:
• B.3(b): “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”

• C.10: “The buyer shall not have the right to open, or allow or cause to be opened and carried on thereon any canteen, hotel, restaurant, or any other place for the sale of wine, beer or spirituous liquor, or any shop or business place whatsoever except for a Home Industry as defined in the applicable land use management system.”

• C.12: “The Buyer shall not without the consent in writing of the Council use the said property or any building erected or to be placed thereon, for the purposes of advertising or display or permit to be displayed thereon any advertisement. Such consent if given, may be withdrawn by the Council at any time in which event the Buyer shall remove or discontinue the use of such advertisement.”

1.3 Deletion of the following conditions of an existing approval:

• “It shall be used only for the purpose of erecting thereon one dwelling together with such outbuildings as are ordinarily required to be used therewith.”

• “The buyer shall not have the right to open, or allow or cause to be opened and carried on thereon any canteen, hotel, restaurant, or any other place for the sale of wine, beer or spirituous liquor, or any shop or business place whatsoever except for a Home Industry as defined in the applicable land use management system.”

• “The Buyer shall not without the consent in writing of the Council use the said property or any building erected or to be placed thereon, for the purposes of advertising or display or permit to be displayed thereon any advertisement. Such consent if given, may be withdrawn by the Council at any time in which event the Buyer shall remove or discontinue the use of such advertisement.”

1.4 Consent in terms of Item 50(c) of the Development Management Scheme to permit a shop on the property.

1.5 Departures from the Development Management Scheme:

I. Item 51(c): To permit the existing pool shelter to be setback 0m in lieu of 3m from the north-western and south-western common boundaries.

II. Item 51(c): To permit the existing dwelling house to be setback 1.4m in lieu of 3m from the south-western common boundary.

2. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW:
2.1 Land Use
2.1.1 Any non-residential use is restricted to the area indicated the plan drawn by Olden & Associates Urban & Regional Planners, drawing number OA 1129, revision 3 and dated January 2019.

2.1.2 A residential component, that shall have a floor space of not less than 50m2, shall be retained and occupied at all times by a permanent resident.
2.2 Electricity
2.2.1 Prior to the approval of any building plan relating to a non-residential use or prior to the use of the property for any non-residential use, whichever occurs first, the owner shall pay a Shared Network Charge (SNC) for the difference between single residential and local business.

Note: The owner will be responsible for the cost to increase the electricity supply to the property as well as any changes to the existing network as a result of this application, should it be required.

Note: If the electricity supply to the property is increased, timeous application is required. The connection fee, SNC cost and conditions will be determined upon receipt of the formal applications. The SNC is based on the size of the applied for increase in supply.

2.3 Asset Management
2.3.1 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 R116 383.93. This amount is valid until 2020-06-30 and the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA. The DC is payable prior to approval of building plans relating to any non-residential use the shop or within 30 days of the approval of the consent, whichever occurs first.

2.3.2 Except for a dwelling house referred to in condition 2.1.2, the gross leasable area (GLA) may not be extended beyond what is shown on the building indicated the plan drawn by Olden & Associates Urban & Regional Planners, drawing number OA 1129, revision 3 and dated January 2019, unless with the approval in writing of the Director: Asset Management and Maintenance (Transport). Any increase in the GLA may require an additional development charge to be paid in accordance with Council’s policy thereon.

Note: Failure to pay the full DC liability will be construed as non-compliance with the conditions of approval which is a contravention in terms of the By-Law.

REASONS FOR DECISION:

The MPT APPROVED the application for the reasons as set out below

1. The proposal is in compliance with the MSDF.
2. The proposal is mostly in compliance with the desirability criteria in Section 99 (3) of the Municipal Planning Bylaw, 2015
3. The proposal will promote high intensity of uses in this strategic location along Main Road.
4. The proposal will not result in the loss of well located, viable residential stock because there will still be a residential component on the property.
5. The use of the property for a shop will, on its own, have little impact on the surrounding properties or character of the area.
6. That it is justified in this case to deviate from the District Plan and from the Main Road Growth Management Strategy

FOR INFORMATION:
ACTION: Y JAFTA / P HOFFA