MPT North Eastern

Resolution details

RESOLVED UNANIMOUSLY:

In view of the above, it is recommended that the following applications BE REFUSED in terms of Section 99(c) of the Municipal Planning Bylaw (2015,):

a. Application for rezoning of Erf 1832, Durbanville, from Single Residential 1 to Local Business 1, in terms of Section 42(a) of the MPBL, 2015;

b. Application for removal of the following restrictive title deed conditions in respect of ERF 1832, Durbanville, as listed in title deed no T20744/2019:
• condition B(5) and B6.(a), to permit office use in lieu of ‘solely a dwelling house, with outbuildings’ and
• condition B6(b) to remove title deed building lines,

in terms of Section 42(g) of the MPBL, 2015;

c. Application for deletion of certain township/subdivision conditions in respect of ERF 1832, Durbanville, as they relate to the same restrictions as being removed above, in terms of Section 42(j) of the MPBL, 2015;

d. Application for Permanent Departure for the relaxation of the 5.0m street building line along Racecourse Drive to 2.3m to permit the proposed building extension for office purposes, in terms Section 42(b) of the MPBL, 2015,

as illustrated on the Site Layout Plan, attached as Annexure B.
REASONS FOR DECISION:

The MPT REFUSED the application for the reasons set out in the planner’s report except reasons below which are amended as follows:
7.1.1 Although the property falls within an Incremental Growth Area where service capacity exists to accommodate the proposal, in line with the Municipal Spatial Development Framework, it does not fall within any existing or future TAP (Transport Accessible Precinct) area where mixed use intensification are generally encouraged by the Transport Orientated Development Framework. The proposal also does not fall within the Durbanville Central Business District (CBD) where land use intensification and employment generating land-uses are encouraged.
7.1.6 The employment of at least 25 staff members is considered to be large scale, which is not conducive in a pure residential area. The proposal is further considered to create a negative visual/social impact on the residential interface along Basson Street, given ‘business’ (pedestrian and vehicular) access is proposed from a residential/local Class 5 route.

FOR INFORMATION:
ACTION: R SNYMAN / S VAN RENSBURG