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View MPT resolution details

MPT South Eastern

Agenda item no

MPTSE 14/5/2024

Subject

WARD 105: APPLICATION FOR CONSENT USE AND PERMANENT DEPARTURE IN TERMS OF THE MUNICIPAL PLANNING BY-LAW IN RESPECT OF PORTION 43 OF CAPE FARM MEERENDAL NO 159, VISSERSHOK ROAD, DURBANVILLE

Meeting date

Tuesday, May 28, 2024

Resolution

Approved

Date closed

Thursday, May 30, 2024

Resolution details

UNANIMOUSLY RESOLVED that:
a. The application for consent to permit two (2) additional dwelling units on Portion 43 of Farm 159, Cape Farms BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended), in accordance with the approved Site Layout Plan No SD-3492-M101 (rev E) & SD-3492-M102 (rev E) and Landscaping Plan No 22564-LP-001 (rev A), as attached as Annexure C, subject to conditions attached as Annexure A

b. The application for a permanent departure to exceed the total permitted floor space for all dwelling units (including any workers’ cottages) from 1 500m² to 2 290m², to accommodate the proposed second dwelling unit and two (2) additional dwelling units on Portion 43 of Farm 159, Cape Farms BE APPROVED in terms of Section 98(b) of the Municipal Planning By-Law, 2015 (as amended), in accordance with the approved site layout plan SD-3492-M101 (rev E) & SD-3492-M102 (rev E) and landscaping plan No 22564-LP-001 (rev A), as attached as Annexure C, subject to conditions attached as Annexure A.

REASONS FOR DECISION
The MPT APPROVED the application for the reasons set out in the Planner’s Report and agreed to amend reasons as follows:

7.1.3 The dominant form of accommodation on the farm includes the existing farm house for the farmer/owner who is activity engaged in bona fide agricultural activities on the farm. The limited scale of the proposed ancillary dwelling units for people not necessarily ‘actively engaged with bona fide agricultural activities on the farm’ comply with intention of the Development Management Scheme (to preserve the integrity of the agricultural zone) and does not evade such intention (there is no requirement to rezone).

7.1.12 The proposed position of the units will not negatively impact on the primary agricultural resource, nor result in the fragmentation of agricultural land; no subdivision is proposed.


Annexure A:
Amend condition 2.12 as follows:
2.12 That in accordance with the approved landscaping plan, all trees must be planted at the cost of the owner, prior to commencement of construction of the approved dwelling units.

FOR INFORMATION: HARRIS / WILLIAMS

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