Local Government, Environmental Affairs and Development Planning
- Whether he or his department has amended the title deed conditions of Erf 1465 Simonstown, if so, (a) what are the reasons for the amendment, (b) (i) what were the changes, and (ii) to what was it change, (c) who was the (i) applicant and (ii) owner of the application and the site, (d) how long did it take for the application to be completed;
- whether there was any delegated authority; if so, who was the officer who made the final decision?
- I, as the Competent Authority, approved the amendment of the relevant restrictive condition relating to Erf 1465, Simon’s Town on 17 June 2014.
- The existing structure on the property was designed as a large three-storeyed duet dwelling. The structure was approved by the City of Cape Town as a single dwelling with one kitchen in terms of the relevant legislation. The applicant plans to sectionalise the dwelling and property by “dividing” the dwelling and property in two.
It is important to note that the property will NOT be subdivided and that the cadastral integrity of the site will be unchanged. The proposed development adheres to all the relevant Provincial and Municipal town- and spatial planning policies and guidelines that strive to promote judicious densification and the vision of a compact urban form. I therefore decided that the proposal met the criteria of section 2(1)(a) of the Removal of Restrictions Act, 1967 (Act 84 of 1967) i.e. the interest if the township, area and the general public, and approved the removal of restrictions application
(b)(i) The deletion of the wording “one dwelling” and the inclusion of the wording “not more than two dwellings” in the relevant restrictive condition.
(b)(ii) I approved the amendment of the relevant restrictive condition B. 3. (b) contained in Deed of Transfer No. T. 61229 of 2005 to read as follows:
“It shall be used only for the purpose of erecting thereon one dwelling not more than two dwellings together with such outbuildings as are ordinarily required to be used therewith.”
(c)(i) The removal of restrictions application was submitted by Tommy Brummer Town Planners on behalf of the initial land owners, the Trustees of the Titanium Trust.
(c)(ii) The Trustees of the Titanium Trust sold the property to SMTN Nominees Pty. Ltd. in 2013 and they became the registered land owners before the application was finalised.
(d) The application took eighteen months to complete.
- The application was approved by me, as the Competent Authority, and not by an official in my Department.
