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 _ _ ........
","""'".""""
_
-
~".;.:::;::::;'~':'...";,,.:::':.::=-::.:;=..!:.."''''
::;.:;'.:::.:-""'- ...... ,.,,"
.......,..,_
,........ -,..--..,
.................
..... ""',.-..
.....
...
........_...'_n.'... ..._., ......
,..
...............
........ ... ".- -'"
scOle 1.50
..
,"".",,,,,
_,.,~,""
MAIN ROAD
""".~
.....
-
..... ...
~~'
~"'
.:'~-::;..::::,;;:::.::,'
11~1~~~lr{1
..
~_,
--.-,~-
c""""~.~
'I"'''''''~'
..........
--.~
..
..
EXISTING
FORECQURT
WEST El.EVATION
SOUTH ELEVATION
!cole 1 50
,colE' 1 50
~~~"".
. ",,,.. ,,,.,,
MAIN ROAO
.~-
--
ll-~====-----­
~l
"'''.~.''''''''
EJ
,",j
I \""'~.
our",,"","
'"
III'
II --.:--_
,"Rio"
'"
6H,,~.'~-J'"
"\-__ J,............. ..
"
""~..,o,;,~
-----
IF
",~,,,,,,,,,,,_,
-
sea"? 1'50
~.o<;,~,G ,oroECOUI"
J
,f?-/:f;/ """.w~"''''''''''''
~~::.'g.~~'-"
""".",,'"
/;/1
,
f
V
[,
I
I"
-I ;
-[~=I;"I!;
£;:, l:;:n m_:
---/~-
8]
Ib:
O,'E'
sca~
].50
GUA~D HCUSF 1 MMJROAD
PIOrl. Sections 19 1'1ev01Ior,s
;/)1'V'?zKJ~125
== -~~---I~~ r;~';/
---:----;.
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
"',--~-"'....... "'.--~
...... ,...."
.'-..,.........
.." ... -.~-~
t"'<_."."._."'
"',-"..."'
.,.,"' ...................
..,,,,
... ... ..
~";,;;"'_i::'::':;
-- __ ,___ ,..
"" """,'"",,,'''~''
~o",.,<,",,,·,,.
..
~ "~,~,
_J
.... ... .. .. ~
_~
~='::::...--::.:,:;".:.."::":'."".--
....'-••
I
," """
..... ..-,-.
'.'''' " .
--'"0''''
~
.....
",
"" ,
. .,
NI
-..;!
-..;!
SECTION C-C
1
scole 1.5(1
'l',e?I
I '
I
'
~_~ __ L"","",""__ JI
I
!I
• 'I'~-i-~·-----'·'
'
1'11'1""'11"
: : -, =- :
-[F~~~"iil
II
-]'i [---1_'
II
F~=-"'=~'- .~
B
~
::-'.l···
~
"""""""
~':o:," ~
""~o~""
=~-
~'~f~. ,:'" ',"C, ,1'1 ,
__
=r=-,..c
-JJL,:~~--.
WEST ELEVATION
seait' 1 50
" '
-
-- ---
=
I:
,~,",
-J
J. - -
- _____'_-.-,~:~ [t=. --~+
,
..."" ........,
~'"J",
l,~ -'-"--l',[~",---,.J, ,
--,j--""",••,-..
''''''''''-"'
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 <gasson@sybaweb.co.za>
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: 'roelf.jansen@gmail.com'
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
vincentm@iafrica.com
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 <Alvin.Cope@westerncape.90v.za>
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)
Alvin.Cope@WesternCape.Gov.ZA
"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:Jacqui.Marais@capetown.gov.za
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)