Subcouncil resolution details

Subcouncil 17

Agenda item no

17SUB 6/10/2019

Subject

REFUSAL REPORT: PROPOSED CLOSURE AND TRANSFER OF CITY-OWNED IMMOVABLE PROPERTY: PORTION OF ERF 142525 CAPE TOWN (PUBLIC STREET) TO THE ABUTTING OWNER OF ERVEN 162989, 162990, 58903 AND 58904 CAPE TOWN SITUATED ON THE CORNER OF LAWSON ROAD AND JAN SMUTS DRIVE, ATHLONE

Meeting date

Thursday, October 17, 2019

Resolution

Deferred

Date closed

Friday, October 25, 2019

Resolution detail

REFUSAL REPORT: PROPOSED CLOSURE AND TRANSFER OF CITY-OWNED IMMOVABLE PROPERTY: PORTION OF ERF 142525 CAPE TOWN (PUBLIC STREET) TO THE ABUTTING OWNER OF ERVEN 162989, 162990, 58903 AND 58904 CAPE TOWN SITUATED ON THE CORNER OF LAWSON ROAD AND JAN SMUTS DRIVE, ATHLONE

Cllr Kleinschmidt informed the meeting that he had a series of meetings and visited the site as well. He said although the City promotes economic development, the City also need to hear the outcry /objections of the immediate neighbours. Therefore, he supports the recommendation of the report to refuse the applicant’s application for further public participation.

Cllr Y Adams said that the City can do nothing with the land and it is an opportunity for the City to make some revenue on a piece of land that they would not utilise. He said that the applicant will at least use the land positively and that it would also prevent the land from being illegally occupied. He was of the opinion that many of the objections in the report were unfounded and that no proof or technical proof has been submitted to support these objections. He pointed out that none of the other internal departments of the City had a problem supporting this application. He said that the SC needed to look at this application objectively and that it is sometimes required of the SC to make tough decisions. He said that the applicant is going to beautify the piece of vacant land and occupy it and this would prevent another vacant piece of land becoming an informal settlement. Therefore, he does not understand why Property Management is refusing this application. He said that he supported the applicant’s request to purchase the land

Ald Cavanagh concurred with Cllr Kleinschmidt and pointed out that a couple of months ago the same applicant submitted an application for a car park and to date nothing has happened on the site. He felt that the SC should support the recommendation for refusal and then at a later stage relook at the site and also allow the applicant to be more specific regarding the usage of the site.

Cllr A Adams reminded the SC that he objected to the last application. He said that the SC needs to listen to the objections made and that the SC also has a responsibility to the community. He also suggested that the matter be deferred back and then be properly assessed. He felt that the SC could then also consider giving the objectors and applicant a platform to state their case.

Mr Jacobs of Property Management stated that Property Management has considered every objection received as well as the responses of the applicant. He said that even though no objections were received from the City’s Internal Departments, the concerns and objections raised by members of the community are regarded as valid. He said in this regard it is the Department’s view that the applicant does not adequately offer solutions to address and mitigate the concerns and objections raised. He advised that should the Councillors not be happy with the report they should defer it and the applicant should then comply with the SC’s requirements.

Cllr R Adams concurred with Cllr Kleinschmidt that further public participation is needed and that the report should be deferred.

Ald March stated that proper public participation is of the utmost importance and that the SC cannot ignore the objectors. He said it was not clear what the applicant wanted to develop on the land and felt that this should be made clear to the community and in the report. The Chairperson informed the meeting that he and the ward Councillor visited the site and felt that door to door public participation should be done and the local newspapers should be used for the local community public participation. He said that it would help if the report has pictures and designs of the proposed development. He said this would help the community, as well as the SC to see the holistic development in mind. He suggested that this item be deferred for further investigation and public participation.

Cllr Kleinschmidt said that him not supporting the recommendation does not mean the door is closed.

Cllr Kleinschmidt would like the report to be more inclusive and the concerns of the objectors to be addressed. He said that he liaised with the applicant who assured the Cllr that he was willing to redo the public participation. Cllr said that when this is done, the applicant can re-apply with all the relevant information attached to the report.

The Subcouncil would also like Property Management to note that the report that they submitted seems to be a combination and cut and paste report of the previous report regarding the parking application and the new development application. The quality of the report and whether it could even be considered, is questioned.

The house unanimously agreed to defer the report due to the following reasons:

Insufficient and conflicting information in the report to apply its mind to make a decision
The applicant needs to do proper public participation and disclose what the site is intended for while preferably also submit designs and pictures to the application.

RESOLVED That:

The Application for Refusal report: Proposed closure and transfer of City-owned Immovable Property: portion of Erf 142525 Cape Town (public street) to the abutting owner of Erven 162989, 162990, 58903 and 58904 Cape Town situated on the corner of Lawson Road and Jan Smuts Drive, Athlone BE DEFERRED due to the following reasons:

Insufficient and conflicting information in the report to apply its mind to make a decision
The applicant needs to do proper public participation and disclose what the site is intended for while preferably also submit designs and pictures to the application.

Action: Mr S Jacobs