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15/3/10-15/Farm_560/24

25 August 2016

Planscape

PO Box 557

MOORREESBURG

7310

By Registered Mail

Sir/ Madam

PROPOSED AMENDMENT OF SUBDIVISION PLAN, REZONING, DEPARTURE, AMENDMENT OF CONDITION OF APPROVAL, PHASING OF DEVELOPMENT PLAN AND CONSENT USE : PORTION 24 OF FARM YZERFONTEIN NO. 560, DIVISION MALMESBURY

Your application dated 24 May 2016 with reference 166~24-560-Yft, regarding the subject refers.

  1. The Municipal Planning Tribunal has resolved at a meeting held on 16 August 2016 to approve the application forthe amendment of subdivision plan as approved on 28 July 2014 and amended on the 17th of December 2014, in terms of section 60 of the Swartland Municipality: By-law on Municipal Land Use Planning (PG 7420 of 3 July 2015) in order to enlarge the proposed business premises and to reduce the number of residential units from 64 to 63.
  1. The application for the rezoning of portions of farm 560/24, Division Malmesbury in terms of section 60 of the By-law from general residential zone 1 (±320m²), open space zone 2 (±1060m²) and transport zone 2 (±200m²) to business zone 1 has been approved in order to enlarge the business premises.
  1. The application for a departure on the development proposal of the business zone 1 premises in terms of section 60 of the By-law has been approved in order to depart from the parking requirements from 6 parking bays/100m²GLA to 4 parking bays/100m²GLA.
  1. The application is for the amendment of condition B8(h) of the letter of approval dated 28 July 2014 has been approved in terms of section 60 of the By-law be approved in order to relax the parking requirements as mentioned above.
  1. The application for the phasing of the development proposal in terms of section 60 of the By-law in order to implement the proposal in two phases including the commercial part as phase 1 and the residential part as phase 2has been approved.
  1. Lastly the application for a consent use in terms of section 60 of the By-law be approved in order to accommodate a liquor store (±140m²) on the business zone 1 premises.

The approval listed above as A to F is subject to the following condition;

A1. General

(a)The conditions as contained in the letter of approval dated 28 July 2014 remains the same for the proposed amendment application as mentioned.

(b)Application for the erection of advertising signs must be made to the Director: Development Services for consideration and approval;

(c)The applicant/objectors be notified of their right to appeal this decision in terms of Chapter VII, Section79 of the By-law.

(d)A recalculation of the fixed cost capital contributions be made at building plan stage including the contribution for the non-provision of the required onsite parking.

(e)This application in terms of section 98 of the By-law for the naming and numbering of streets be made. The proposed street names and -numbering must be submitted simultaneaously with the amendment of the subdivision plan to the Surveyor General for approval;

(f)This approval in terms of section 66(2)(w) of the By-law is valid for a period of five (5) years.

Reasons for approval

a)The application mainly entails an insignificant amendment of an existing approval. Thus the application being considered will not have a negative impact on the surrounding properties or the character of the town as a whole.

b)The application for the consent use in order to accommodate a liquor store as part of the shopping centre is deemed desirable as the bottle store forms an integral part of the shopping centre and will be managed under a SPAR franchise as a TOPS liquor store.

c)Given the nature of Yzerfontein being mainly a holiday town the departure of the prescribed amount of parking that needs to be provided for a shopping centre is justified.

d)The approval of the departure will result in the optimum use of space within the primary business node of Yzerfontein.

e)The application is in compliance with the SDF of Swartland Municipality.

f)The application is not in contradiction to the development principles as stipulated in Section 42 of SPLUMA.

g)The application is not in contradiction to the development principles as stipulated in chapter VI of LUPA.

Please note that in terms of Chapter VII, Section 79 of the Swartland Municipality By-law relating Municipal Land Use Planning (PG 7420 of 3 July 2015) you as well as the objector has a right to appeal within 21 days of date of registration of this letter to the appeal authority of Swartland Municipality against the Municipal Planning Tribunal’s resolution.

Should you decide to appeal, you can write to the following adress:

The Municipal Manager, Swartland Municipality, Private Bag X52, Malmesbury, 7299

Yours faithfully

MUNICIPAL MANAGER

per Department Development Services

AJB/ds

Afskrifte: The Surveyor General, Private Bag X9028, Cape Town, 8000

Department: Civil Engineering Services

Department: Electrical Engineering Services

Department: Financial Services

Yzerfontein Property Developers, P O Box 44211, Claremont, 7735