Land Use Planning

Notice No. 35/2018: PROPOSED REZONING, SUBDIVISION AND REMOVAL OF RESTRICTIVE TITLE CONDITIONS OF ERF 1929, 4 KINNEAR STREET, BEAUFORT WEST

Applicant:                                             Crawfords Attorneys 

Owner:                                                 Karoo Lugreeling & Verkoeling BK 

Reference number:                               12/4/4/2; 12/4/5/2; Erf 1929, Beaufort West

Property Description:                           Erf 1929, Beaufort West

Physical Address:                                4 Kinnear Street, Beaufort West 

Description of proposal:  The matter for consideration is an application for the rezoning of erf 1929, Beaufort West from Industrial Zone I to Business Zone II, subdivision into three (3) separate erven and the removal of restrictive title conditions in terms of Sections 15(2)(a), (d) and (f) of the By-law on Municipal Land Use Planning for Beaufort West in order to use the premises for the purpose of an office and store. 

Notice No. 80/2018: PROPOSED REZONING, SUBDIVISION AND REMOVAL OF RESTRICTIVE CONDITIONS OF TITLE OF ERF 1929, 4 KINNEAR STREET: BEAUFORT WEST

Notice is hereby given in terms of Sections 61 of the By-law on Municipal Land Use Planning for Beaufort West Municipality, Notice No. 72/2015 that the Authorized Official has in terms of Section 60 partially approved the above application as follows:-

1. That the oversight in the application process, not applying of the application for the rezoning to a sub divisional area, is condoned in terms of Section 63 (2) of the Municipal Land Use Planning By-law for Beaufort West Municipality, 2015 on the grounds that it does not have a material negative effect on the proposed application, or any unfair advantage or disadvantage for any parties.
2. (a)  The removal of Restrictive Title Conditions N.1, N.2, N.3 and N.4 as contained in Title Deed T22172 of 2017, in terms of Section 15.2 (f) of the Municipal Land Use Regulation for Beaufort West, 2015;
3. The rezoning to subdivisional area in terms of Section 15.2 (d) of the Municipal Land Use Planning By-law for Beaufort West, 2015; and
4. Subdivision of the subdivisional area in terms of Section 15.2 (d) of the Municipal Land Use Planning By-law for Beaufort West, 2015 into three portions, to provide for the following:          -

• 2 Business Zone II erven (Portion A: 595 m2 and Portion B: 1206 m2)
• 1 Industrial Zone I erf (Remainder Erf 1929: 2165 m2)

Be APPROVED in terms of Section 60 of the Municipal Land Use Planning Ordinance for Beaufort West, 2015 subject to the following conditions as imposed in terms of Section 66 of the said By-Law:-

1. That approval of the application will expire in terms of the Municipal Land Use Planning By-law for Beaufort West, 2015 if the approval is not exercised within five (5) years from the date of this approval.
2. That the owner is responsible for ensuring that the Restrictive Title Conditions N1, N2, N3 and N4 are removed from Title Deed T22172 of 2017 and on any subsequent Title Deed. In addition, submit a certified copy of the amended title deed to the Directorate: Corporate Services for record purposes.
3. That the Industrial Zone I erf (Remainder Erf 1929) may be used only for purposes of industrial uses which are not dangerous, annoying or disturbing nor for the storage of hazardous substances. Land use may not generate noise, odors, smoke or dust that has a detrimental impact on the adjacent properties.
4. That an approved Surveyor-General Diagram is submitted to the Directorate: Corporate Services for record purposes.

Reasons for the above decision are as follows:

1. The Restrictive Title Conditions are no longer applicable in the present context and the removal thereof will facilitate the optimal utilization of the land.
2. The subdivision of the application property will facilitate the more effective utilization of land, which is a scarce resource.
3. The rezoning of Portions A and B to Business Zone II is considered desirable as this zoning is more compatible with the surrounding land uses than the current Industrial Zone 1 zoning.
4. Although the status quo regarding the zoning of Remainder Erf 1929 as Industrial Zone I is maintained, conditions are imposed to mitigate potential negative impact.

That the application for the rezoning of Remainder 1929 (2165 m²) to Business Zone II is NOT APPROVED in terms of section 60 of the Beaufort West Municipality Land Use Planning By-Law, 2015.

Reason for the decision-making is as follows: -

(i)  There are not enough space available on Remainder Erf 1929 to comply with the parking requirements of Business Zone II.

Any person whose rights are affected by the above decision and or conditions may appeal to the Appeal Authority by submitting a written appeal to the Municipal Manager, Beaufort West Municipality, Private Bag 582, 112 Donkin Street, Beaufort West, 6970, so to reach the undersigned within 21 days from the date of publication of this notice. Official appeal forms are available on request from mrs. E. du Plessis at Tel. No. 023-414 8117 or e-mail: admin@beaufortwestmun.co.za.