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MPT North Eastern

Agenda item no

MPTNE 6/3/2023

Subject

WARD 2: APPLICATION FOR REMOVAL OF RESTRICTIVE TITLE DEED CONDITION, DELETION OF CONDITIONS IN RESPECT OF AN EXISTING APPROVAL, SUBDIVISION, REZONING, CONSENT USE AND PERMANENT DEPARTURES: ERF 10740, BELLVILLE, 7 MULLER STREET, VREDELUST CASE ID: 70550959 D STEVENS / T KOTZE

Meeting date

Tuesday, March 14, 2023

Resolution

Approved

Date closed

Thursday, March 16, 2023

Resolution details

RESOLVED UNANIMOUSLY that:

a. The application for the removal of restrictive title deed condition - Subject C.II.1.(a)of Title Deed T24025/2018, in respect of erf 10740, Bellville BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015.

b. That the application for the deletion of conditions of approval in respect of an existing approval in respect of erf 10740, Bellville that relates to the conditions in the title deed that is removed under decision 8.1, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015.

c. That the application for subdivision in respect of erf 10740, Bellville, into 2 portions BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015, in accordance with the subdivision plan no BV10740/SD01, dated January 2022 attached as Annexure C, subject to the conditions as stipulated in Annexure A.

d. That the application for rezoning from Single Residential to Community Zone 1 in respect of re-erf 10740, Bellville, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015, subject to the conditions as stipulated in Annexure A.

e. That the application for consent use in respect of re-erf 10740, Bellville, to allow for an Institution BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015, subject to the conditions as stipulated in Annexure A.

f. That the application for permanent departures in respect of erf 10740, Bellville, to allow for a height of 13.1m and a setback of 2.269m from the eastern common boundary BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-law, 2015, in accordance with the Site Development Plan no BEL10740/Rev 7, dated January 2022, attached as Annexure D, subject to conditions as stipulated in Annexure A.

Additional condition

2.2.1 (a) That the landscaping plan in Annexure 9 be implemented on completion of building work and prior of the issuing of an occupational certificate.

That the word “encouraged” be replaced with “required” in condition 2.2.9

REASONS FOR DECISION:
The MPT APPROVED the application for the reasons as set out in Planner’s report and added two additional reasons that reads as follows:
7.1.6 The proposal satisfies the desirability criteria contained in Section 99(3) of the Municipal Planning By-Law [2015] as amended.
7.1.7 Although the objectors are concerned about the nature of the development proposal in this residential enclave, the scale of the proposal is limited and is regarded as an appropriate statutory and spatial fit for the receiving environment; being adjacent and in close proximity to higher order roads , public open space and residential development.
FOR INFORMATION:
ACTION: D STEVENS / T KOTZE

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