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View MPT resolution details

MPT North Western

Agenda item no

MPTNW 27/12/2022

Subject

WARD 77: APPLICATION FOR DEPARTURE AND CONSENT/APPROVAL IN TERMS OF THE MUNICIPAL PLANNING BY-LAW (MPBL), 2015: ERF 209, VREDEHOEK, 46 MAYNARD STREET, GARDENS. CASE ID:70581337 F BENTING/G SEPTEMBER

Meeting date

Tuesday, December 06, 2022

Resolution

Approved

Date closed

Monday, December 12, 2022

Resolution details

RESOLVED by 3 votes to 1 that:
a. The application for Consent Use as set out in Annexure A on Erf 209, Vredehoek BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

b. The application for Departures as set out in Annexure A on Erf 209, Vredehoek BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015.

c. The application for City Approval as set out in Annexure A on Erf 209, Vredehoek 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 following reasons:

7.1.1 The application complies with the Municipal Spatial Development Framework, the IDP and the District Plan
7.1.2 The application satisfies the criteria contained in Section 99(3) of the Municipal Planning By-Law
7.1.3 The presence of security personnel on one of the properties and the street during the day ensures that the security of residents in Maynard Street will not be compromised
7.1.4 The level of congestion is acceptable in this context and the parking is supported by the Council’s Transport department
7.1.5 Noise will be managed through the implementation of the Noise Management Plan, which is a condition of approval
7.1.6 The use as a school does not compromise the heritage character of Maynard Street
7.1.7 The relevant departments are in support of the application

Make a correction in the report as follows:
The sentence above ‘reasons for decision’ should read:
My department is satisfied that the decision-making criteria in Section 99(2) have been correctly assessed

Annexure A:
Conditions to be added to Annexure A as follows:
1. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BY-LAW
2.1 The place of instruction shall be limited to the uses and extent specified on the Site Layout Plan Ref: Drawing No. 01/08/20-01 & 01/08/20-2 drawn by Beth and dated August 2020, attached as Annexure C.
2.2 The use hereby permitted shall only operate between Monday to Friday from 7am to 4pm, excluding public holidays.
2.3 A maximum of 4 employees in connection with this activity shall be permitted, whether or not such person ordinarily resides on the premises at any one time.
2.4 A maximum of 16 students shall be permitted on the premises at any one time.
2.5 24-hour on-site security must be provided for the applicable property.
2.6 The developer/owner must submit a noise management plan (including measures for mitigating noise impacts) to the authorised official: Development Management, simultaneously with the submission of building plans. Such noise management plan shall be to the satisfaction of authorised official: Development Management in consultation with the City Health Directorate (Environmental Health) before building plan approval. The City Health Directorate reserves the right to call for the submission by and at the cost of the owner, of a noise impact assessment report, compiled and carried out by an accredited acoustic engineer or consultant. Subject to the outcome of the aforementioned report, the City Health Directorate reserves the right to call for further restrictive requirements. The owner will be responsible for the implementation of the noise management plan.






2.7 The developer/owner is responsible for payment of development contributions in the amount of R 33 742.64 towards the provision of bulk civil engineering services, in accordance with Council’s policies. It must be noted that the development contributions will be subject to an annual escalation equal to the construction price adjustment (CPA) from civil engineering services and the amount payable will be the amount calculated at the time of payment. The development contributions will be payable prior to building plan approval.
2.8 The owner shall be responsible for all the costs incurred in respect of the upgrading, extension, deviation or removal of any existing stormwater, sewerage, electricity or other services or works whether on the property of the Council or any other body, whether public or private, which may be requested by the Council or any other body having the authority so to require as a result of the development of the property concerned and for any connection costs in respect of such services or works.

FOR INFORMATION: BENTING / SEPTEMBER


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