remainder erf 88397 cape town
Transcription
remainder erf 88397 cape town
263 REPORT To EXECUTIVE MAVOR 4 SEPTEMBER 2012 CITY OF CAPE TOWN ilS1XEKD SASEKAPA. isno KUPSTAD Me 17/09/12 1 ITEM NUMBER: 2 APPLICATION FOR DEPARTURES IN TERMS OF THE LAND USE PLANNING ORDINANCE NO 15 OF 1985 AND CONSENT IN TERMS OF THE CAPE TOWN ZONING SCHEME REGULATIONS: REMAINDER ERF 88397 CAPE TOWN AT ST JAMES, 66 MAIN ROAD 2 AANSOEK OM AFWYKINGS INGEVOLGE DIE ORDONNANSIE OP GRONDGEBRUIKBEPLANNING, NO. 15 VAN 1985 EN RAADSVERGUNNING INGEVOLGE DIE KAAPSTADSONERINGSKEMAREGULASIES: RESTANT ERF 88397, KAAPSTAD TE ST JAMES, HOOFWEG 66 2 ISICELO SOTYESHELO LWEMIQATHANGO NGOKUNGQINELANA NOMMISELO WOCWANGCISO LOSETYENZISO LOMHLABA ONGUNOMB 15 WANGO-1985 NEMVUME NGOKUNGQINELANA NEMIGAQO YENKQUBO YOCANDO YASEKAPA: INTSALELA YESIZA 88397 EKAPA EST JAMES, 66 MAIN ROAD 178239/PA LSU C4182/4539 On 15 August 2012 the Spatial Planning. Environment and Land Use Management Committee (Spelum) considered the attached report dated 24-072012. The Committee resolved to recommend that the recommendation, as set out in the attached report, be adopted. It was proposed that the Spatial Planning, Environment and Land Use Management Committee (Spelum) not exercise its delegated power and that it refer the matter to Council for decision, via the Executive Mayor together with the Mayoral Committee (Mayco), with the recommendation as set out in the report dated 24-07-2012. The proposal was duly seconded. The above proposal was put to the vote. There were no votes against and the proposal was carried. REF TO MAyeO: SEPTEMBER 2012 264 3 3 3 RECOMMENDATION FROM THE SPATIAL PLANNING, ENVIRONMENT AND LAND USE MANAGEMENT COMMITTEE: 15 AUGUST 2012 (SPEL 14/08/12) A That the application for Departures, as set out in Annexure "A" to the report dated 24-07-2012, for Remainder Erf 88397 Cape Town at 66 Main Road, St James, BE APPROVED in terms of Section 15 of the Land Use Planning Ordinance, 15 of 1985. B That the application for Consent in terms of Section 108 of the Cape Town Zoning Scheme Regulations, to permit building work in an Urban Conservation Area for Remainder Erf 88397 Cape Town at 66 Main Road, St James, BE APPROVED. AANBEVELING VAN DIE KOMITEE OOR RUIMTELIKE BEPLANNING, OMGEWING EN GRONDGEBRUIKBESTUUR: 15 AUGUSTUS 2012 (SPEL 14/08/12) A Dat die aansoek om afwykings ten opsigte van restant erf 88397 Kaapstad te Hoofweg 66, St James, soos uiteengesit in bylae "A" by die verslag van 24-07-2012, GOEDGEKEUR WORD ingevolge artikel 15 van die Ordonnansie op Grondgebruikbeplanning, no 15 van 1985. B Dat die aansoek om vergunning ingevolge artikel 108 van die Kaapstadse soneringskemaregulasies om bouwerk in 'n stedelike bewarea toe te laat op restant erf 88397 Kaapstad te Hoofweg 66, St James GOEDGEKEUR WORD. ISINDULULO ESIFUNYENWE KWIKOMITI YOCWANGCISO LWEMIHLABA, ULAWULO LOKUSINGQONGILEYO NOLOSETYENZISO-MHLABA: 15 AGASTI 2012 (SPEL 14108/12) A Ukuba MAKUPHUNYEZWE isicelo soTyeshelo Iwemiqathango njengoko kuqulunqwe kwisiHlomelo-A kwingxelo ebhalwe umhla wama-24-07-2012, kwiNtsalela yeSiza-88397, esiseKapa, 66 Main Road, St James, ngokungqinelana neCandel0-15 10Mpoposho woCwangciso 10kuSetyenziswa koMhlaba onguNomb.15 wangowe-1985. B Ukuba MAKUPHUNYEZWE isicelo seMvume ngokweCandel0-108 leMigaqo yeNkqubo yezoCando yaseKapa ukuze kuvumeleke umsebenzi wolwakhiwo kuMmandla weDolophu wezoLondolozo Iwendalo kwiNtsalela yeSiza-88397, esiseKapa, 66 Main Road, St James. REF TO MAyeo: SEPTEMBER 2012 265 REPORT TO SPATIAL PLANNING, ENVIRONMENT AND LAND USE MANAGEMENT COMMITTEE OA~ I tm UF CUE T~Wft i Istnl~ USUAl'/; SUD UAPSUD ~ 7108236 outhem ITEM NO siB-- \ y..{C?f6!t'L. V\ REI ORT DATE IN TED D'Ah on YES H NO H- APPLICATION FOR DEPARTURES IN TERMS OF THE LAND USE PLANNING ORDINANCE NO 15 OF 1985 AND CONSENT IN TERMS OF THE CAPE TOWN ZONING SCHEME REGULATIONS: REMAINDER ERF 88397 CAPE TOWN AT ST JAMES, 66 MAIN ROAD AANSOEK OM AFWYKINGS INGEVOLGE DIE ORDONNANSIE OP GRONDGEBRUIKBEPLANNING, NO. 15 VAN 1985 EN RAADSVERGUNNING INGEVOLGE DIE KAAPSTAD-SONERINGSKEMAREGULASIES: RESTANT ERF 88397, KAAPST AD TE ST JAMES, HOOFWEG 66 ISICELO SOTYESHELO LWEMIQATHANGO NGOKUNGQINELANA NOMMISELO WOCWANGCISO LOSETYENZISO LOMHLABA ONGUNOMB 15 WANGO-1985 NEMVUME NGOKUNGQINELANA NEMIGAQO YENKQUBO YOCANDO YASEKAPA: INTSALELA YESIZA 88397 EKAPA E-ST JAMES, 66 MAIN ROAD 1. EXECUTIVE SUMMARY Property description Registered owner A~jJlicant I allent Site extent Applicable Zoninq Scheme Current zoninq Current land use Title deed restrictions Application components I description (state briefly) Remainder Erf 88397 Cape T own at St James St James Share Block (Pt)l) Ltd Vincent Marincowitz Architects 5333m 2 Cape Town Zoninq Scheme General Residential R4 Retirement home Yes No I I 1 Application for departures, as set out in Annexure A, to permit 2 quardhouses, 2.22m in lieu of 4.5m from Main v 1 I 266 Submission date Special! Conservation area Subject to PHRA ! SAHRA Any unauthorised land use! building work? (for background info; not to form part of consideration or basis of decision) Public participation outcome summary (key words only) Policies! plans applicable Policy compliant Recommended decision 2. Road and 1.43m in lieu of 4.5m from Sandhurst Road, and Consent in terms of Section 108 of the Cape Town Zoning Scheme Regulations to permit building work in an Urban Conservation Area, as per ihe Siie Development Plans (SOPs) attached as Annexure C. 14-05-2009 Muizenberg - St James - Kalk Bay Urban Conservation Area St James - Clovelly Special Area. No None relevant to this application. 1 objection and 7 no objections were received None Yes Approval I I I I 1 I No Refusal I I DECISION AUTHORITY Recommendation Subcouncil SPELUM PEPCO MayCo Council PGWC Delegation no & extract Reason(s) for coming to SPELUM (if applicable) Decision I b(1): In cases where an application forms part of a land use proposal which includes other applications in terms of the Ordinance or related planning legislation, and the power to grant or refuse these applications has been delegated to different decision makers within Council, and it is desirable that all applications be considered by one decision maker, SPELUM has the power to grant or refuse or recommend on all applications, provided that the power to name streets shall remain with Subcouncil. In error, the application was advertised for departures only. As an objection was received, Subcouncil 19 would ordinarily have the delegation to deal with this component of the application. The Consent was not advertised and thus the delegated official could deal with that aspect of the application. As it is clearly desirable that the decision on both components be made 1Ji'1 decision maker, SPELUM has the deleJl'ltion 2 267 I to deal with the entire application. 3. BACKGROUND I SITE HISTORY 3.1 A previous application in terms of Section 108 of the Cape Town Zoning Scheme Regulations to permit the erection of a conservatory within an Urban Conservation Area, was approved by the delegated official on 09-06-2011. The final notification letter was issued on 15-02-2012. 3.2 In error the Consent to permit building work in an Urban Conservation Area was not advertised. However, the departures were clearly advertised and all interested and affected parties must have had a clear understanding of what was proposed. As a result, the District Manager has exempted the Consent from being advertised. It is unlikely that the advertising of the Consent will result in a different outcome of the public participation compared to what has occurred with the advertising of the departures. 3.3 In the advertisement the departure for the guardhouse from the Main Road stated 2.2m in lieu of Sm. This is incorrect and should have read 2.2m in lieu of 4.Sm. As the correct distance of 4.Sm is less than the advertised Sm, no party can be negatively affected by this error and thus it is not necessary to readvertise the proposal as a result. 3.4 Although the advertising was done more than 30 months ago this Department is of the opinion that given the minor nature of the application it is not necessary to readvertise the application as a result. In this regard it must also be noted that the Kalk Bay - St James Ratepayers' and Residents' Association indicated earlier this month that they support the application for departures. 4. SUMMARY OF APPLICANT'S MOTIVATION The applicant's motivation of the proposed development (see Annexure F) may be summarised as follows: • • • The St James Retirement Hotel is a gated community specialising in the secure accommodation of retired and frail people. In order to preserve the security of the premises, 24 hour guards are maintained at both gates, being the gate on the Main Road and a pair of vehicle gates on Sandhurst Road. Up to now, the guards have been accommodated in fireglass temporary guardhouses. This has been found to be both unsustainable and unsightly, and it was decided to erect permanent accommodation. 3 . .. ' • • • • • 5. ZiS To maintain a view over the roads and the approaches to the gates, the guardhouses need to be placed as close to the perimeter as possible. This results in the encroachment into the street building lines. On the Main Road, it is proposed to erect the guardhouse immediately behind the existing gate, in a position as to have a clear view through the existing steel trellis. The guardhouse is designed to blend in with the existing boundary wall and steel trellis and to be as unobstrusive as possible. On Sandhurst Road, the guardhouse is on top of an existing garage and very close to the street boundary. There is precedent for both these guardhouses as two of the accommodation blocks are erected on the boundary. PUBLIC PARTICIPATION Comments Advertising Press Gazette Notices V Ward councillor V On-site display Outcome 5.1 Community organisation(s) Public meeting Objections Petition No objection Support Ward councillor response V Council's standard letter of no objections were used 13-07-2012 The application was submitted before the on-site notice became a req uirement. 13-07-2012 V 1 V 7 Summary of objection The objection received in respect of the application (see Annexure G) may be summarised as follows: • The disturbance levels of people coming and going via the Sandhurst Road gate of the St James Retirement Village I hotel has been a big problem for the objector. 4 269 5.2 Summary of applicant's response The applicant's response to the objections received (see Annexure H) may be summarised as follows: • • • 5.3 The guardhouses do not have any effect on traffic. When the objector purchased his property in 2001, the St James Retirement Hotel was well established and operating in its present form. There had not been any significant changes to the Hotel in this period. The management of the St James Hotel have discussed the matter of traffic with the objector on numerous occasions and are frequently in communication with him, but the objector has made it clear that he is not prepared to withdraw his objection. Evaluation of objection I response See Section 7. 5.4 Departmental comments of significance See Section 7. 6. SUSTAINABILITY IMPLICATIONS Has the development proposal Environmental Impact Assessment? triggered an Yes Approval of this application will not have any sustainability implications. 7. 7.1 7.2 PROPOSAL ASSESSMENT Character of the area and the surrounding land uses The area can be characterized as being a middle-upper income. largely residential area consisting of a wide range of erf sizes and building forms, and with a fine urban grain. The area is further characterized by being sloping with good sea and mountain views. The surrounding land-use appears to be residential with mostly Dwelling Houses. but also other guest houses. hotels. churches and schools in the wider area. The topography of the area slopes uphill to the west. Description of property There are a number of buildings on the subject property that comprise a retirement hotel. The subject property has 3 access points, off Main Road as well as Sandhurst Road. 5 270 7.3 7.4 7.5 The proposal As can be seen on the SOPs attached as Annexure C, the proposal is to erect 2 guardhouses. One guardhouse will be situated 2.2m in lieu of 4.5m from Main Road and the other guardhouse will be Om in lieu of 4.5 from Sandhurst Road. Traffic This application has been assessed by the Provincial Department of Transport and Public Works, which has issued an approval in terms of the Roads Ordinance subject to a non-compensation agreement for the portion of the new building work within the 5m of Main Road, which is a Proclaimed Main Road (see Annexure I). Furthermore, Council's Directorate Transport Planning Branch has no objection to this application (see Annexure J). Impact of the proposal This Department is of the opinion that the proposal will have a low impact on the surrounding properties and character of the area for the foliowing reasons: • • • • • 7.6 8. The guardhouse along the Main Road will be setback a significant distance from the Main Road and will be located behind the high wall I fence of the entrance gateway. Furthermore, its height will be lower than the existing building it is adjacent to. Thus, the guardhouse will not be readily discemible from the street, and therefore will have a minimal impact on the streetscape and character of the area. The guardhouse along Sandhurst Road is attractively designed and will ensure excellent surveillance of the street. The floor areas of the guardhouses are very small (±12m2 & ±10m2). The architecture of the guard houses complements the architecture of the existing buildings. There are no heritage implications. This application has been assessed by the Council'S Heritage Resources Management who has no objection to the proposal (see Annexure J). Regarding the objection The issue raised by the objector has nothing to do with the proposed guardhouses. The proposed guardhouse along Sand hurst Road will not change the nature or location or busyness of the gate along this road. The guardhouse will not result in an increase in noise or traffic. REASONS FOR DECISION Reasons for the recommendation of approval of this application may be summarised as follows: This application will not result in a change to the character of the area or • impact negatively on the neighbours or the streetscape. 6 271 • • • 9. The proposal will not have any heritage implications. The scale and height of the guardhouses are very modest. The approval of this application does nnt impact on any existing rights and does not lack desirability, and thus complies with the approval requirements of the Land Use Planning Ordinance. RECOMMENDATION I AANBEVELING IIZINDULULO In view of the above, it is recommended Ngokwalo mcimbi ungentla, esi sisindululo In die lig van bogenoemde, word aanbeveel 9.1 That the application for departures, as set out in Annexure A, for Remainder Erf 88397 Cape Town at St James, be approved in terms of Section 15 of the Land Use Planning Ordinance No 15 of 1985. 9.2 That the application for Consent in terms of Section 108 of the Cape Town Zoning Scheme Regulations to permit building work in an Urban Conservation Area for Remainder Erf 88397 Cape Town at St James, be approved. 9.1 Oat die aansoek om afwykings, soos uiteengesit in bylae A, vir restant erf 88397, Kaapstad te St James, goedgekeur word ingevolge artikel 15 van die Ordonnansie op Grondgebruikbeplanning, no. 15 van 1985. 9.2 Oat die aansoek om vergunning ingevolge artikel 108 van die Kaapstadsoneringskemaregulasies om bouwerk binne 'n stedelike bewarea toe te laat vir restant erf 88397 Kaapstad te St James, goedgekeur word. 9.1 Ukuba makuphunyezwe isicelo sotyeshelo Iwemiqathango, njengoko kubonakalisiwe kwisiHlomelo A, yeNtsalela yeSiza 88397 eKapa e-St James, ngokungqinelana neCandelo 15 10Mmiseio woCwangciso 10Setyenziso 10Mhiaba onguNomb 15 wango-1985. 9.2 Ukuba makuphunyezwe isicelo seMvume ngokungqinelana neCandelo 108 leMigaqo yeNkqubo yoCando yaseKapa ukwenzela kuvumeleke imisebenzi yolwakhiwo kuMmandla woLondolozo IweDolophu ukulungiselela iNtsalela yeSiza 88397 eKapa e-St James. ANNEXURES Annexure A Annexure B Annexure C Departures and Consent Locality plan I public participation map Site Development Plans 7 ., .. 272 Annexure Annexure Annexure Annexure Annexure Annexure Annexure Annexure D E F G H I J K Title deed Conveyancer's certificate Applicant's motivation Objection I no objections Comment on objection Letter from Department of Transport & Public Works Branch comments List of relevant parties Section Head: Land Use Management Name I'~A Tel no (f2' 77::> iCro ~ __--:~~~e.:......::::....________ District Manager Name ~ Tel no l{f)~iS?l Date Comment d! o Report compliant with Council's System of Delegation, policies, by-laws and all relevant legislation relating to the matter being considered Report non-compliant Comment 1..,<) -,·17 8 .... 273 ANNEXURE A In this Annexure: "Council" means the City of Cape Town "The Owner" means the owner of the property "The Property" means Remainder Erf 88397 Cape Town at St James, 66 Main Road "Scheme Regulations" has the meaning assigned thereto by Ordinance 15 of 1985 APPLICATION NUMBER: 178239 FILE REFERENCE: LUM/00/88397 The departures and consent are linked to the plans drawn by Vincent Marincowitz Architect with drawing numbers 0.001 Rev LA, 0.002 Rev LA and 0.003 Rev LA all dated 2009/03/25. 1. DEPARTURES APPROVED IN TERMS OF SECTION 15 OF THE LAND USE PLANNING ORDINANCE NO 15 OF 1985. 1.1 Section 60(1): To permit a guardhouse to be 2.225m in lieu of 4.5m from Main Road. 1.2 Section 60(1): To permit a guardhouse to be 1.43m in lieu of 4.5m from Sandhurst Road. 2. CONSENT IN TERMS OF SECTION 108 OF THE CAPE TOWN ZONING SCHEME REGULATIONS. 2.1 To permit building work in an Urban Conservation Area. Note: The requirements of the Provincial Department of Transport and Public Works in terms of the Roads Ordinance No 19 of 1976 as set out in their letter dated 28 August 2009 must be complied with. 88397ST JAMESguardhousereport (Dec 2010) ,. ".' 274 PLANNING AND BUILDING D ANNEXURE LOCALITY MAP B " District Erf: 88397 Allotment: CAPE TOWN Suburb: ST JAMES District: H Ward: 64 Sub Council: Subcouncil19 Notices Served " ~I '~-'I.-~.,--? .:>- _ _ Scale: :2288 Generated by: • • Support Received Objections Received Date:07 June 2012 File Reference: THIS CITY WORKS FOR YOU I ANNEXURE C J 275 ! II I I I \ i I " ~ u c I :> / I -i , \ "'" \ I \ II ,I 1 • ! I il" hl, l'1j' !1 I I I '. I I 1 I! I!' I ; i.!ll \. 11' I. di,'j i. '\'I'" 'l il "1,1 II l i ,'I'.. i '' I I 1,1 I II ~ E IIIt !III! 1 ilill ! d I I:.'.. !' I "i!'l ~J. 1" ' . hi'" IJ ill II lli;illil !l I I I ! • ! '\.\ I til I lUll: \ REVISIONS I~~~:~:~~f~=~ ,-----:;:::;,;;:!:,";,;.;;'" ,,,,,,," ... ,,,~, ~"'"....,.. \'VYSIGINGS ----- - NOTES ...""-" ... ... ......,,-.. . _.." ....... -.. _." ...._......-.......... ;"~, I~ ~",,,,,.~ ==;:':.='~E::::::~:s.:;;;:.;'!= ~';",.7"~"-"''''''''''''''''''--''''- EAST ELEVATION _"-, - . _...... , .. c _ _ ........ 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L= . ___ A In ~~-~(~~G~~d2~;~;i~~; -. . ,." ......~- ---------- ------------- Sf JAMEslr&'TIREM~NT HOTEL E!l88J97 (/ St James, cape 10wn 1- SE'CTION B-B .:-* ,':.i~~~,~~~~..~~~~i~ "'-" ---------LOCAL AUTHORITY SUBMISSION _.---- ,. ...... ~.I ' ~--~~ '''... ~~,,~~ '_~~;i~;;'~;O< ~/ ~J ~:~'~i"'NI "'"';~ -- -711!-~ SECTION A-A ="" ".r,~~.'-,.!.--"---"--- .. r .. " _ _ _ _ "",""' ...."".. 'm.... .""., ....",.,.,,"'" - ' " "",,,,,'OW"",,,,,,"'" N -..J N,9-mJf.:C-tl.O NI ( JnM~tt'l 1_::-:-f:OFt-tl.l. __ ~-Ti'':::,'.~!~~ --~~~!?-l;-~ W-t586 0.002 LA ----------------'o .... ",.,,~.,._,"" '1 l1M~ / 10'-'--"'-'''' ~-f'.w~;';;;;"""-'~'!.?--=-----=~~'= .. ""'~, =t'- ----I---.~ -. ... .. .. ...-...........-_... NOTES ;.."');'"".: ...'-~---... ~ ", •"-'''''"''''"'. _ _ ,_~...... ' '~- .-. O''_'~''' .... '''...." ~~i:z~===;:::E=;=~ ~=':.":.~.:.:~:::::,;::::;:..";'".....~" .. SOUTH ELEVATION NORTH ELEVATION ==?:...":~-:::~::=:.. scole I-SO scole 1 50 "',--~-"'....... 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''''''''''-"' 1 :'_0"'"''' 8,1 ~,_ "':0""- II Ii '''''''''o.MOf. -- .~~", ""'' -~ - II -----cIJ='-' - " -.- I 11,,_ ·u~·~" -'I ,:iii,:,,;;" """'~ A ","",'- TI - -,,,,,,",,,, . ,,"'......,.. • u' SANDERLING STREET c:.JJ flOOR PLAN ,,,ole I,SO - ~/ :(¥~~:;-' ._,~u;~.,;'hl~~;" /~"-- ~~~: ~~£~~r,:(~~:.~~~~'C':,~ St JAME~9TIRE~!;NT HOTEL <-_ (?i~JCU1___ Altel9tfons and AcJdltlons E~»f,W7 81 James, Cone 10"",, LOCAL AUTHORllY SUBMISSION GUARD HOLlS[ ? SAN[*RlING PIa,,_ Secl"'", 8- ,lowolion sm,H =-----Tc':F~ --f~f-IJ o. 1 so Jl VGM I '()~ gl03125 ___ EAST ELEVATION ",a'e 1 50 [NC':~F.QT,IOJ ~ ~h~~_ M;,I;1__ ',"",0,,_ v~ ....... _~_ T1>·~=;~ - W·1586 0,003 <~'''Y>C''''"-''O'' ~.l"""1\P '!~~L 1 ...·_ LA ---_.------. l:> ~MllIlI9 IANNEXURE 0 J 278 FINDLAY & TAfT """""""''reD ~MUio=r./lLo.uw9 CAPE"lUWN J -. which said Poww- of AUof'8l8)' ..... -i~~ in lJoC!'XJ!"do=na: "",!t!-. L;.:w h~ I-.oer;; e..hibiu=d Ie ,oe OJ) 279 - 2 - And thac the Ald Appcarer declared that his' Aid Principal bad I::nII;v aad ~ sold 00 dte 1STH MARCH Z9?1' and that be iD bis ca~ ~ Attorney a.furesaid. did by these presents cede and Ua.n:der- i,q fuE..nd {reo: property w _00 oa belualf of.: WHITEOROUP IN THB 280 - 3 - WherefQtetbe~.~allm.eRJgbt.nd'T""Ule THE INSOLVENTESn\1Q OF THE I.R.<i. (CAPE) n<UST ~ had to acb>~ thtI- ~ on bt:Iuill' as afol'C8ll:ht did: in ~~ also "IHE SAID INSOLVEJon"' ES'TA"IE tu be ent:i:teIy . ·"' .d .,.""".. <be _ di..."P""' ·Y ....,- ot .ad ~)ed to.. the aa.ne: and that by ~ of ~ TRANSrEREE COMPANY « its As:si,gn:s. now Is and hcac:ett:x1.h 4ShD11 ~ me Stato. howeYe.I: ~ Its RJe:lus; .... 281 . " " Be ;" , .. "-. -," -"" ,, . '. "-' [ ANNEXURE E 1 282 CONVEYANCER'S CERTIFICATE 1/ we I hf;u..~;t;, \uu'l\!J •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• , (conveY6ncer's name) hereby wish to certify that a search was conducted in the Deeds Registry, Cape Town regarding the following property(ies) (including both current and earlier title deeds I pivot deeds I deeds of transfer) ; . r..f:'-ViN1:.tf.. tfl.F rUI1 CNe- (OWN AI sf. 1At'vfS .................................................................................................................................................................. ..............................., .................................................................................................................................. .................................................., .............................................................................................................., (property oesaiption(s)) in respect of which it was found that there 'anr I are no re strictive conditions registered it from being utilised I developed for the following against such property(ies) prohibiting purposes (as elaborated on in more detail in the accompanying application) : .............r..O.~.J~....~~~0.!:~~(proposed .... ~.f.....use~.....development ~~...... !J:l.~.E:. .................................. "....................... zoning of property) I J r' please delete whichever not appliGable) . . ..c LIST OF RESTRICTIVE TITLE CONDITIONS(ff applicable) Deed no I Clause-no Description I PROCESS BY WHICH RELEVANT CONDITIONS WILL BE ADDRESSED (please tick appropriate ·box) Removal I suspension I amendment of restrictions in terms of Act 8411967 (Submh separate application) Notarial Deed of Cancellation (Submit copy of signee Consent (Submit copy of signed consent) agreement) , Expungement by means of 'rule nisI application to High Court (Submit coPi' 01 Court order) Signed at (,,\-!£ lOuJN .............................................. Signature ........... " " ............. ,, ................................................................................................................. on this ~l.. ............... M£'W 20 day of ......•.........••.•.•............. !.?,.... ML Kindly endor6e certificate by affixing firm's cfficiai stamp here a.jc initialling it FA1RBR10GES REF:MA8iAO ~ 1 Nt.. Conveyancer Certificale proforma, doc 25-10--2006 l ANNEXURE P .\ 283 Vincent Marincovvitz PrArch BArch(Pret) MIAAAJI.rb MFHE 4 Strathrnore,.9Colyn Road, Kalkbaai 7975 .' ... '" 'PO Box 30, Kalkbaai 7990 tel, l~". 021 788 3011 nOi.l'nC'L'n '-' v '-' ,'''' I 7 , ..... " . u .... u mobile: 082 321 0310 vincenfm@iofrlca·com 12 April 2010 OUR REF. YOURREF 1586C1100412,doc LUI~ 178239 -10/05/14 The Building Control Officer South Peninsula Administration City of Cape Town Private Bag x5 Plumstead 7800 Dear Sirs, NEW GATE HOUSES AT St JAMES RETIREMENT HOTEL ERF 88397, Cape Town at st. James Our application for a departure from the street building line, LUM 178239 - 09/05/14 refers: Motivation for Departure: The St James Retirement Hotel was established as a retirement hotel in 1991, after purchasing the premises from the St James Hotel, which was a tourist hotel that was no longer economically viable, The St James Retirement Hotel is a gated community specialising in the secure accommodation of retired and frail people, In order to preserve the security of the premises, a 24 hour guard is maintained at both gates, being the main gate on Main Road, and a pair of vehicle gates on Sandhurst Road. Up to now, the guards have been accommodated in fibreglass temporary guard huts. This has been found to be both unsustainable and unsightly, and it was decided to erect permanent accommodation, better able to withstand the elements and provide better protection to the guards in cold and inclement weather, To maintain a view over the roads and the approaches to the gates, the guard houses need to be placed as close to the perimeter as possible, This would encroach over the street setback lines, In Main Road, we propose to erect this building immediately behind the existing gate, in such a position as to have a clear view through the existing steel trellis, The building is designed to blend in with the existing boundary wall and steel trellis and to be as unobtrusive as possible, Vincent Marincowltz Pr.Acch B.Arch(Pret) MIA AAArb MFHE SACAP 3559 284 At Sandhurst Road, this position is on top of an existing garage, built very close to the street boundary'. There is considerable precedent for both these guard houses on this site as two accommodation blocks erected prior to the proclamation of the current zoning rules and building set back lines encroach right up to the boundary. Yours faithfully, VINCENT MARINCOWITZ ENCLOSURES: NIL Page 2 of 2 I ANNEXURE CivIC Centre 12 HertzoG Boulevard em Df CAPE T{lWM IISIUKn sJ.mm i STAD G , 285 Iziko loluntu 12 Her.zog Boulevard Burgersentrum Hertzog-boulevard i2 Kaapstad B001 Cape Tov.:;, 8001 Cape Town 8001 POBox 4529 POBox 45L8 Cepe Town 8000 Cape Town 8000 Ask for: Cela: Te: no 021 Umnxeba: 02i iFeksi: 021 Fax no: 021 E-mail"@c:apetown.gDV.za Website: http://WVM·.capetawn.gov.za Rei: iRef: Filename: umm POS!}:Js ';529 Kaa;lstad 8000 Vra vir: Te:nc; 021 Faks no 021 Verw: STRATEGY & PLANNING Department: Planning & Building Development Management Dear Sir I Madam LETTER OF NO OBJECTION This letter serves 10 notify potentially affected parties of the application set out hereunder (to be completed / checked by officiaO. Note to affected parties I property owners Should you not be prepared to sign this letter of no objection, you may either tum it into an objection by explaining the reasons for your objection and signing it or request the applicant 10 instruct the Municipality to formally advertise the matter by post, in which case you'U be afforded a 30 day period to comment and/or object thereto. Note to applicant Should the affected party I property owner not be prepared to sign this letter of no objection, you are advised to submit the application without their agreement so that Council can formally advertise the matter by post. Altematively, you may amend the proposal so that no departure j consent! amendment is required or the affected parties are satisfied. Kindly note, your confirmation of no objection cannot be subject to any conditions. Either the application must be amended to address your concerns or this letter will be treated as an objection. The completed form should be submitted to the local district planning office at Plumstead, Private Bag X5, Plumstead, 7801 (for the attention of ........... ) or faxed to 021 710.9446. Kindly call 021 ..... ., ...... ., .. ., .......... for further enquiries, Kindly note, in case of no objection by the relevant party I property owner, in addition to signing this form, it is critical that the relevant building j layout plan or prooosal drawings are also signed and dated. Where ownership is registered in more than one name (ie both husband and wife), at! parties must sign this letter and the plans. Parties signing on behalf of a company or trust must provide proof of authority to do so. Erf !...E, aelill F<!!I II I liD Applicant Architect! consultant fr8"3 q 71 Allotment area I "".,- 0 rT fV! e:r SIMt'..ES/AJOK VI rJL-C-"'-'- WiJlff/"(~ X Application for Regulation departure Consent! conditional use Other (specify, ie subdivision exemption) Application no rllontact no Contact no SOP amendment Amendment of conditions >< m Street 'MfnI'J 5 m Street SPrND~T (~ 4- " m Building line Side To From encroachment m Side m Aggregate side m Rear From To % Exceedinq permissible site coveraQe To From Exceeding max permitted bulk I floor factor I habitable rooms To From m 1 Exceedinq heiqht restriction Ij)ermissible no of storeys From m To Exceeding maximum storey height From m To Street I Exceeding maximum boundary wall height To From m 1 Side I rear To bays From Relaxation of on-site parking I loading requirements n Extent Erection of 2 c: ! additional! double dwejji~g unit I Erection of special I accessory buildinQs (please specify) Works in a Conservation area (please specify) Other (please specif)1 Oetailed deSCription of departure I consent I conditional use I exemption I amendment applied for : 1x ! PFr I. -~ -a.... " M, Completed I checked by -Z • 1 X 1 ~ +.. JJ.....:.....,f:-d ",(~ r V ~ , -f:J-.. ~ sfre.uf ~~ -k:> - ,.;z. ~ , mJ % S , m m m m bays m< .TO.. S'--.L~I- 0 2-2.- m ,·tt-3ml 2. '2-"2._ ~ ~ 4-.5: ...... ? ILd- ~ , I-. V-. .,.,/ r TH1S CITY WORKS FOR YOU ESI SIXEKO SISEBENZELA WENA HIERDIE STAO WERK VIR JOU All correspondence available in Afrikaans and isiXhosa an written request LUM020 ,.( 286 DECLARATION BY AFFECTED PARTY(S) I PROPERTY OWNER(S) Note: Piease ensure the Plan no specified below corresponds with the plan shown to and signed by you. Don'1 sign thi-s form jf the front page is not properiy comple1ed. If signing on behalf of a company j trust, please attach written proof of authorisation to do so. If affected premises owned by more than one person (ie both husband and wife), all parties to sign. I I We, registered owner(s) of the under-mentioned premises, having been shown the subdivision I layout plan I building plans I proposal drawings with reference I Plan I Drawing no ............................... dated .... .... ..... ........ ..... ... drawn by ............................................. in respect of the aforementioned application, and havina siqned I not sianed and dated such olan(s) (delete whichever not applicahlp.), r.1:mfirm th:3t ! ! V'/e understand the proposal requires consent I departure(s) I amendment(s) in terms of I from the local Zoning scheme regulations, the Land Use Planning Ordinance, No 15 of 1985 and/or the regulations in terms of the Black Communities Development Act, No 4 of 1984, as described on the front page and confirm that II we (please tick) am I are not adversely affected by the proposal and therefore have no objection thereto. am I are adversely affected by the proposal and therelore wish to object to it, lor the reasons listed hereunder wish the application to be formally advertised .by Council. Reasons for objection iif any) : o 'AI'. tN "r I'tE 1- ~ 'it..s I ~to (5 IN joJEJ) rillY (£\letS is.TIAt. fSfINC..,E co ~'v\ \ l\.lrr I'<i'ill qe IN v ft\ fr--O~1'-/ o~ PEOt'Lt -rm::' ~I\'l-JD \-\H P' T CP',l t 0'F- ~I' :J'f\\'VlE. C:tT'fflv'tCN"l UAtr'f'/ ~ Ibt:'f:o N '" e,)f-t- t' LO 1!,\.-e'V\ • it!>b~ TD m~ fCD ft)~m.. lJ.NllL ru..ttl -nrvw I ffll\'t 1S'f\:N - :u If\) frtl 'VI.t \J\~C\ f' (.0 f -l5R l>j COI~uurfl ~ 10 ~w l"'~ &s'L.{E lJ.~ v -rue v v\ tr t,-e'ra. . O? p~~ lfOfLl-J V'f£ Full name (capitals) I \;1'hW liC~'i!2(E' Owner -signature ./ ../ Contact no v I ;:;~82.. Prooerty owned Postal address Office Date COrTlfl8AY name J Street address I ./" I I g SAN D iTl..lI!.s T ,s,T T-A-Mf';'i. 4- 15 \)...00 't_ "I t:..D 1 Postal code.1 ''1<\-s;' 1 Cell IOX2... 4-b'iit+f'\'6 .1 Home 1 I am I are not adversely affected bythe prop_osal andther€fore have no objection thereto. I am I are adversely affected :by the proposal and therefore "Wish to object to it, for the reasons listed hereunder 1 Wish the application to be formally advertised by Council. Reasons for obiect~~n (if any) : ../ ../ / ill·A,/Oljd-i/J}/ }......ri-T-J Owner Signature Full name (capitals) Property owned Postal address ,/YJ. '-1£5 2B~B'-f I / Comy-"ny name Street address Uate I I b ':::>A >/>('.1-1,)2:3 T l-fi rTn :'5:;;K -PI 1Yl;;;'';;'' • .:::r Postal code Home 1V.;:+i ~I 'b '(, ~,-(II Cell "------ 1 Office Conia9 no 10405.0% I '-r7 '-/-$ 't.rl'::.JIc./:'l.IL/-S tL / IV am I are not adversely affected .by the proposal.andtherefore have no objection thereto. am I are adversel.v .affected by the proposal and therefore wish to object to it, for the reasons listed hereunder wish the application to be formally advertised by Council. Reasons for objection (if any) : , ~ )!4",'/ d, ·11 1/ £rA.... _ .. Owner Signature Company name I .1"'- if"i-<c!' ~(-fT es""6->Tr~ Street address 1 7.., .. .Il,,,, <to!..:> 51 j;T..< ":S 'hoM"; Full name (capnals) Property owned Postal address Office 102< Contact no ~-' 7""""110 Date (f'tZl""c..If'IlL- ) 114 . 10'0'1 I Home I I Postal code I 1 Cell 1 7 ct 'f ,- FOR OFFICE USE ONLY I CHECKED BY I Date THIS CITY WORKS FOR YOU ESI SlXEKO SISEBENZEu\ WENA Hl:::RDIE STAD WERK VIR JOU All correspondence available in Afrikaans and isiXhosa on written reques1 LUM020 287 DEC.LARATION BY AFFECTED PARTY(S) I PROPERTY OWNER(S) Note: Please ensure the Plan no specified below corresponds with the plan shown to and signed by you. Don't sign this form if the front page is not properly completed. !f signing on behalf of a com;:;any I trust, please at'".ach written proo; of aJthonsation to do so. If affected premises owned by more than one person (ie both husband and wife), all parties to sign. I II I We, registered owner(s) of the under-mentioned premises, having been shown the subdivision I layout plan I building plans I proposal drawings with reference I Plan I Drawing no ........ ,.", ...... ' .. , ,.".... dated ;;~~i~~ '~iq~~d' i '~'~i ~i~::d b~~d" d~i~d" ~~~;; '~i~~j~')' (d~i~i~' '.;.~;~~:~:~t ~~:h:;~~:~;'~:Jt:o~~~fi~I~~::ioln'l a~~ understand the proposal requires consent I departure(s) I amendment(s) in terms of I from the local Zoning scheme regulations, the Land Use Planning Ordinance, No 15 of 1985 andlor the regulations in terms of the Black Communities Deve/opmen1 Act, No 4 of 1984, as described on the front page and confirm that II we (please lick) JL am I are not adversely affected by the.proposal and therefore have no objection thereto. am I are adversely affected by the proposal and therefore wish to object to it, for the reasons listed hereunder wish the application to be formally advertised by Council. Reasons for obiection (if anvl : /" ---- / "\ '" Full name (capitalsl Property owned Postal address / ~ \~ Owner -signature /" .IV:" I Company name I (La 4>. 9 ~'lRPb Street address / Date Nil',..) fLo I Postal code j 64- 4.! 1..0 ( S. ~.S) A 60:leo Office I fO"lIL'1(.IO'O) I Home 1(0'2.1) Contact no 1 / /' "/...:r-r:G) 11 AM ~1mTI' r.. 4 I'fJ?j' oj "- / is 'i'b"l 'I 9 I Cell I o ~ ?-OO '1 (}Ar<ES 'l"llfS '2- $ ,5 '\ I '1 S v- am I are not adversely affected bV the proposal andtherelore have no objection Ihereto. am I are .adveTSely aff.ected by the proposal and therefore wish to object to it, for the reasons listed hereunder wish Ihe applicalion 10 be fonnally advertised bv Council. Reasons for objection (if any) : -- /' /" -----, ./ /J. ~~W+~~~~ F'c, vt.v. n Lu" ~ ~ Owner signature Full name (capitals) Property owned Postal address ~ ~-"'u ~ ICompanvnamej I Street address I 10 !ili .. kVl""'~X \(,6 A-~ 8,n,,!'l _.4-b 0 l"lf I 10 ~" /' \.., Contact no 2() I 't /2001] Dale w. \.. IA.M J-- 12 d . I ~ I I a ... !.i J:.9.'tS LPostal code ./ Office I I Home 101..1-+);,1,l,'llH I Cell ~.~ 1v 3(,1.4, 2.b l- am I-are -not adversely affected .by the proposal and'lherefore have no objection thereto. am I are adversely affected by Ihe proposal and there!orewish to 1Jbject to it, for the reasons listed hereunder wish the application 10 be formally advertised by_ Council. Reasons for objection (if anvl : - , \~ L<b 1""1-' Owner signature~ F"II name (capitals Property owned Postal address N, DI; Contact no Office ~ ) /Company name /..,) t>-(\IC~ "D J Street address &I'LUI-t-.l ,5 \ I>.. p.. AA31% • FOR OFFICE USE ONLY \ CHECKED BY T I 1 ~( \~ .. I / Home I I 1 Date ~'i / / ~H~SIXEKO All correspondence avaijab~ Lr. " J!>.rVC" /ir.,J'\\t..!. V') , .>\, ~\. !:'JI'L ll.. .\.I", ;.J ' ) \.h. ....~'1 I Pos\al .code (\ [)).\ - ....,(.y~ "U_'il Cell U Q.;'vb" l\ '2 n '-:' ~ ~ t:>"\ I ~r\ ~ OLt\ ~ I Date I ~'t\G\ '\ \ 2..0\ (\ \ SISEBENZELAWENA HIEHOIE STAD WERK VIR JOU In Afrikaans and lSI Xhosa on wntten request LUM020 I ,- OCT - 2009 13: 4B TO : 0~i 78814[13 0119372461· FRO'1: VALUTATRUST P.l 288 ~ote! ~ .nstJt'il, tt"w- ?tgn no ~ ~ow ~ ~ttI the plan shoo.Yri to a!"ld lt~neCI by you, "",,', .~ \hi> ""'" ~ Ih< trorJt _ Ii 1JCl ~' ""nplcl>d, U slQnInQ "" bohoU 01 • ~ny lINt\, flksot _en wtltlr.1 pmof of to ao 10. 11 al\odC """"""" _ b)' "'OtC 1!Ian..,. (1< both ~ ond wif<j. til p:;:ti.. ",.~ ""_non '*""" I I ~ reglstered owner(~ of lI'oa under...-~ Pl"n".'s ... , hailing bean shown !he .utxli-..i.slon I layout plan I buiiding plana I propoul lIrt;J.wlnga with I6feronce I PI.n I Ornwlng no . . . . . . . . . . . . . . . . . . . . . . . ••• u •• dsted ~ h;i,iiO'·Ii;ri;j·i......·drawn ~.·~..;;:;::;.. ••••....::: ..~l·(d;;i.;i;; ..~= ::,:""IIP~=~I=~i~ understand the proposal ~ eo"""t I depa.'1UIlI(5) I Ilmlmdment(s) Inlelms of /·!mm the kr..ll! Zoning &::toeme . regulatlana, the Lend Uae Plantl/ng Ordinance, No 15 of 1985 Qt1(j[or lite regullrtlons In terms of the Blltok Comm_s Dtivelopmrllnl AcI. No >If of 1984, as ~ on th' front pege and confirm lila! 1/ __ (pIeua t/"k) ">t!! I am I "'" '....-- I- lii.wM, IbY Ille ' ' <" ,tire';; ,=Iia\ed "/ ..-- "/ "UIl~ -. = ~. / ·..?'T~ 'KI -0- 'v;n:;- ,iN .- I ./ '7 i t_ ./ fit"F 1'<£ .... 0'-' ~ ./ I~n' Ovmer.~ >- ./ ~ . mo::J ~ hruj IbvtM ;t;;t;' / .... c;~!l I I I 7 \: ..". 7 lr 1 ~-. 1- 17 7, /1 / /1 J 7 7 I I ....- ~ fua i1ii'"rw' -rI II '7 I J / / 7 f'~ / -j;" . .'. I Il , USF ONLV CHEi::1C!O.SY f ~ -I 7\ T ~~ . 7 t ~ ./ ~ N J. ---- .I,)e!e J ,p~lcode I -I C.ll 1 Wnnis Y '\. ---. ~ 777 77 I Inn ,I I" t:en L'I",.1hJlIN3t>11S lisll>< . I ~uIl ","""",'~ -- rtnrtll.- 00I.-'~ -1 Oale 1.1 N I" i:am1 -, J 7 QIii"", iL\~O I -call Ll<:2.,nR /..-5-".., '_0. , ./ Ina kD, ,11. ltv / o.m..r~. . \0· ;l.:l, 1<:t><Iel ,~I ---.. ,IifBiW "" :laiTr rW~me I~ o.te 1 ::J.. "'w-\NT\, ,- ./ ~fQ""C'-:-<i~-', I I; - '. . .,.. ~HI1!.!':':~. -"'-.."."'" ::; !Dale STolP " h91 \ 01 we"" 'M ,JOV It'J1 n 289 2> S\ 1''''1\(\ J u, .s-I\.JP \-\'JQSI (~ ~'\ .-j1>-(lL..i. ~\tS::' Hb) )..0\0 290 Patrick John Absolon From: Sent: To: Subject: B Gasson <[email protected]> 18 July 2012 10:46 PM Patrick John Absolon Re: Erf 88397 St James, 66 Main Road Dear Mr Absolon We support the application for departures relating to the two guardhouses at St James Retirement Hotel. Kind regards Barrie Gasson. Kalk Bay - Stjames Ratepayers and Residents Association nn 18 Jul 2012, at 10:23 AM, Patrick John Absolon wrote: Dear Mr Gasson please provide me with a response to the email below. I would appreciate if you can respond asap as this application was submitted in 2009. Regards Patrick Absolon Ph 021 710 8236 Regards Patrick Absolon ph 021 710 8236 -----Original Message----. rom: Patrick John Absolon Sent: 13 July 2012 12:14 PM To: '[email protected]' Subject: Erf 88397 St James, 66 Main Road Dear Mr Jansen Attached please copy of an application departures to construct 2 guardhouses at the St James Retirement Hotel. This application was submitted in 2009 but was unfortunately not circulated to the Kalk Bay and St James Ratepayers and residents Association for COm ment. Is it at all possible to provide me with your comments as a matter of urgency as the applicant is anxious for Council to finalize this application. Regards Patrick Absolon Ph 021 710 8236 1 I ANNEXURE Hf 291 \;';""'con+ I\l!a..-·!"',....o'.uitz II I ....... 1 L [\'[ I I II..,; \o'\:' I PrArch BArcn(Pret) W. It:.. ApArb MFH E 4 Strathmore 9 Colyn FOad Kakbaai FD Ebx 54 79 Ca p: TONn 80C!) 021 788 3011 0865057679 rrotile 082321 0310 [email protected] tEt fax: 28 August 2009 OUR REF: YQUR REF 1586C1 090828.doc L..-/..l...... 17,8 :2..? 'J The Building Control Officer South Peninsula Administration City of Cape Town Private Bag x5 Plumstead 7800 Attention: John Thorns Dear Sirs, NEW GATE HOUSE AT st JAMES RETIREMENT HOTEL ERF 88397, Cape Town at St James Our application for a departure from the street building line, LUM 178239 - 09/05/14 refers: We canvassed the affected neighbours for their objections to this proposal. This is attached to the application as a Letter of No Objection on the City's standard form. The owner of erf 88382 of 8 Sandhurst Road, Mr. Bjorn Vye, indicated that he was adversely affected by this proposal. Reason given tor Objection: He cited as his reason the movement of traffic of the residents at the 5andhurst Road gates and calls for the St James Retirement Hotel ('the 5t James'] to consult with him on this matter. Bock Ground: The managing director of the St James (,directo(] informed me that she is in regular contact with the Objector and reported that he regularly made unreasonable demands and would complain about perceived traffic noise, whether it emanated from St James or not. The St James was established as a retirement hotel in 1991, after purchasing the premises from the St James Hotel, which was a tourist hotel that was no longer economically viable. The St James had operated continuously with various degrees of success for a very long period and was a well established landmark when I moved into this area in 1984. In 2001 the Objector purchased erf 88382 at 8 Sandhust Road. Some time later he built extenSions to the house and opened a Bed & Breakfast on this site. Vincent MarinCDwitz Pr.Arch B.Arch(Pret) MIA, AAArb, MFHE SACAP 3559 ~ t •• r 292 The director informed me that the Objector had worked at the St James before 2001 and would therefore have been familiar with the operations of the retirement hotel. Over time, the security of the guests had become cause for concern and at so:-ne stege not known to me the perimeter fencing had been upgraded and the current temporary guard was erected to monitor the perimeter fence and to control the traffic in and out of the St James. frail care facility on Main Road. The only alteration or change in use or that could in any way have affected the traffic in Sandhurst Road since the Objector purchased his property was when the Objector himself opened a Bed & Breakfast. Applicant's response to the objection: We are thus of the opinion that this is not a valid reason for objection to this appiication for the following reasons: The construction of the proposed guard house is intended as the replacement of the 1. existing temporary installation in exactly the same position and on an existing structure. This guard house has been in position for a considerable period. 2. This guard house therefore cannot have any effect on the traffic. 3. When Mr. Vye purchased 8 Sandhurst Road early in 2001 the St James Retirement Hotel was well established and operating in its present form. There had not been any significant changes to the St James in this period. The Objector must have been aware of the conditions at the time of his purchase. To raise this, after approximately seven years of occupation, as a n objection to an unrelated appiication is not relevant and disingenuous and should be dismissed. The management of the St James have discussed the matter of traffic with the Objector on numerous occasions and are frequently in communication with him. The Objector has, however, made it clear that he is not prepared to withdraw his objection. Yours faithfully, VINCENT MARINCOWITZ ENCLOSURES: Page2of2 Extracts from Deedsweb Copies of the title deeds for erf 88382 I ANNEXURE I.-I· 293 DEPARTNlENT of TRA.NSVORT AND PUBLIC \lJORKS DEPARTEMEi~T VAN VERVOER EN OPENBARE WERKE ISEBE LEZOTHUTHO NEMiSEBENZi YOLUNTU Reference: 13/3/5/4-32148 (JOB H554) Verwysing: Isalathiso: Enquiries: A_ flJ'l,tise Navrae: Imibuzo: City of Cape Town District H Private Bag X5 PLUMSTEAD 7801 Attention: hIIr J Thorns Dear Sir ERF 88397, ST JAMES: MAIN ROAD (PMR 101): BUILDING LINE RELAXATION FOR A GUARDHOUSE 1. Your LUM 178239 of 17 August 2009. 2. As no record can be found of approval having been given for the encroachment into the 5m building line of PMR 101 by the existing south wing, carports, sick bay and entrance gateway, the approval in paragraph 3 below is only for the proposed Guardhouse No 1. 3. This Branch, in terms of Section 17 of the Road Ordinance, 1976 (Ordinance 19 of 1976), approves t"e above-mentioned application for relaxation of the Building Line from 5m to 2m on PMR 101 for Guardhouse No 1 as shown on Vincent Marincowrtz Architects' drawing No W-1586, 0.001 Rev LA dated 25 March 2009, subject to the following: 3.1 Before the commencement of any building work the local authority shall ensure that: (a) the legally registered property owner and the relevant road authority, in this case the City of Cape Town, enter a non-compensation agreement concerning these proposed alterations to indemnify the road authority against all claims of whatsoever nature, induding legal costs, as a result of any costs incurred and or loss suffered in the event of this approved building work needing to be removed as a result of any infrastructure improvements deemed necessary by the road authority: (b) this non-compensation agreement is included in a notarial deed of restraint of sale attached to the Title Deed of the above property preventing the registered owner of the property from dispOSing of it until the intended future owner has furnished the local authority with a similar non-compensation agreement: KamEr 3-35, Dorpstrast 9, Y..AA?S1AD BOOI I2i Pos~s 2603, KAAPST AD BODO Room 3-35, 9 Dorp Stree'" CAPE TOWN 8001 B PO Box 2603, CAPE TOWN eooo (021) 483 2150;>1: (021) 483-2166 E-pos/E-mai\' am~lse@pgwc,gov,za 29t (c) a certified copy of the am8nded Ti1lc De€d is lodged with this Depa1ment, and (d) receipt of the certified copy of the amended Title Deed is acknowledged by this Department. 4. This approval shall: 4.1 be taken to deal only with the above section of the Ordinance and shall not be construed as authority to depart from any other legal provision and 4.2 become invalid unless the local authority issues final authority for the building work within 12 months from the date hereof and bona fide work is commenced within 12 months from date of that authority. 5. Any changes to the structures within the 5m building line that may require modification to the official building plans after this Branch's approval shall render such approval null and void, in which case, a revised application with amended building plans shall be submitted to this Branch for approval. Yours faithfu!ly, )JJ.NVtv~ ;XECUTIVE MANAGER: ROAD AND TRANSPORT MANAGEMENT Date 'l"i '~~ 7.4.-"'0'7 2 295 Patrick John Absolon From: Sent: To: Subject: Alvin Cope <[email protected]> 13 July 2012 11:02 AM Patrick John Absolon Eri 88397, Stjames - IN 17554 Hi Mr PJA, 1. Your e-m of 12 July 2012. 2. The validity period of this Branch's letter 13/3/5/4-32/48 (JOB 17554) of 28 August 2009 is extended to 31 July 2013. Thanx, Regards Alvin L Cope PGWC 9 Dorp Street POBox 2603 Cape Town 8000 Roads Branch - Room 3-01 +27 21 483 2009 (tel) +27214832166 (fax) [email protected] "All views or opinions expressed in this electronic message and its attachments are the view of the sender and do not necessarily reflect the views and opinions of the Westem Cape Government (the WCG). No employee of the WCG is entitled to conclude a binding contract on behalf of the WCG unless he/she is an accounting officer of the WCG, or his or her authorised representative. The information contained in this message and its attachments may be confidential or privileged and is for the use of the named recipient only, except where the sender specifically states otherwise. If you are not the intended recipient you may not copy or deliver this message to anyone." 1 IANNEXURE J" ,~ .. 3 Victoria Road 3 Victoria Road Victoria Straat 3 Plumstead 7800 Plumstead 7800 Plumstead 7800 Private Bag X5 Private Bag X5 Privaatsak X5 P\umstead 7801 Plumstead 7801 P\umstead 7801 Tel: +27 21710-9400 Umnxeba: +27 21710-9400 Tel: +27 21 710-9400 Fax: +2721710-8002 Ifeksi: +27 21710-8002 Faks_ +27 21710-8002 296 E-Mail I iE-mail JE-pos:[email protected] F,.coriomi Envirm'rnt'r';.~t-Sttatt~;.;y.:.cp 1[1 Plcmning - Environrnerrtai a!t;_.~ 1:eritage Resuu~ce Management 20i2iOTiii HRS Comments for St James retirement Hotel erf 88397, Main Road, St James. The application has been evaluated and the drawings have been amended to reflect the changes Heritage Resources requested during discussions with the Architect. The sick bay attached to the main building is a later addition and not older than sixty years. Therefore this application for the guard houses will not affect the character of the existing building and Heritage Westem Capes (HWC) input is not necessary. acqui Marais Heritage Professional Heritage Resources Management Environmental and Heritage Resource Management Economic Environmental Strategy and Planning The City of Cape Town Southem District . '.' , 297 ANNEXURE K Applicant: Vincent Marincowitz Architect POBox 5479 Cape Town 8000 Objector: B Vye (Erf 88382) 8 Sandhurst Road St James 7945 88397ST JAMESguardhousereport (Dec 2010)