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View MPT resolution details

MPT North Western

Agenda item no

MPTNW 34/9/2024

Subject

WARD 113: APPLICATION FOR DELETION OF TITLE DEED CONDITIONS, AMENDMENT OF CONDITIONS IN RESPECT OF TOWNSHIP ESTABLISHMENT, REZONING, PERMANENT DEPARTURES AND APPROVAL OF A SITE DEVELOPMENT PLAN IN TERMS OF THE MUNICIPAL PLANNING BY-LAW, 2015 : ERF 3587 MILNERTON, 151 ARUM ROAD, TABLE VIEW. CASE ID:1500108766 N NTUTHA/R ALLIE

Meeting date

Tuesday, September 03, 2024

Resolution

Approved

Date closed

Thursday, September 05, 2024

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 The removal of the restrictive title deed Clause B.1.(b)(c)(d) and C.(j) as set out in the title deed T3970/2021 in respect of Erf 3587, Table View, Milnerton BE APPROVED in terms of Section 98(b)(i) of the City of Cape Town 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 the removal of the original town establishment condition as it relates to Erf 3587, Table View, Milnerton BE APPROVED in terms of Section 98(b) (i) of the City of Cape Town Municipal Planning By-Law, 2015

c. The application in terms of Section 42(a) of the City of Cape Town Municipal Planning By- Law, 2015, for the rezoning of Erf 3587, Table View, Milnerton from Single Residential 1 (SR1) to General Residential 2 (GR2) BE APPROVED in terms of Section 98(b) (iii) of the City of Cape Town Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A



d. The application in terms of Section 42(b) of the City of Cape Town Municipal Planning By- Law, 2015, for the permanent departures as set out in Annexure A for Erf 3587, Table View, Milnerton BE APPROVED in terms of Section 98(b) (iii) of the City of Cape Town Municipal Planning By-Law, 2015, subject to the conditions contained in Annexure A

e. The application in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, 2015, for approval of a site development plan (sdp) BE APPROVED in terms of Section 98(b) (iii) of the City of Cape Town Municipal Planning By-Law, 2015, subject to the 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 the following changes:

Amend reason 7.1.1 as follows:
7.1.1 The deletion of the title deed conditions has been assessed and complies with the requirements as set out in the Municipal Planning By-Law 2015, the Land Use Planning Act, 2014 and the Spatial Planning and Land Use Management Act, 2013

Amend reason 7.1.2 as follows:
7.1.2 The removal will not have a negative impact on the surrounding properties as the proposed land use is compatible with the surrounding land uses

Annexure A:
Amend condition 1.1 as follows:
1.1 Removal of restrictive title deed and original township establishment conditions Clause B.1.(b)(c)(d) and C.(j) as set out in the title deed T3970/2021, which reads as follows:

Amend condition 2.1 as follows:
2.1 Building plans submitted for approval in terms of the National Building Regulations and Standards Act, shall be generally in accordance with the drawings, bearing drawing numbers: 100-103 dated 21.09.2023 (see Annexure C) and that balconies facing onto the common boundary be appropriately screened to mitigate overlooking on adjoining properties. Additionally, the number of units/flats shall be limited to eighteen (18) and the development envelope shall be limited to that depicted on the aforementioned drawings.

FOR INFORMATION: NTUTHA / ALLIE

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