The extent of the Fish Hoek Township Extension 7 is outlined in red.
Eddie Andrews, mayoral committee member for spatial planning and environment
The City wants to clarify the opening paragraph of the False Bay Echo article, “Have your say on densification push,” dated November 17.
The article states that the City wants to change the title deeds of hundreds of Fish Hoek homes, clearing the way for them to fall in line with a planning by-law that permits greater densification.
This is inaccurate.
The purpose of the application that was advertised for public comment was for the removal of restrictions and amendment of special conditions that were imposed by the administrator of the Cape of Good Hope, under the provisions of Ordinance 33/1934, when approving the Fish Hoek Township Extension 7.
The removal of restrictions and amendment of conditions only applies to the title deed of ERF 12436 Fish Hoek and not the other 203 single-residential zoned erven within Fish Hoek Township Extension 7.
These title-deed restrictions were imposed to manage and control impacts on the streetscape, density and character of the area for the benefit of the residents of Fish Hoek Extension 7 and the Fish Hoek Land and Estate Company.
These conditions, therefore, only apply to the erven within Fish Hoek Extension 7 and not the rest of Fish Hoek Township, that was originally laid out in 1918.
The application was advertised for public comment, as prescribed in the Land Use Planning Act and the Municipal Planning By-Law, and affected parties had until Thursday November 23 to comment or object to the proposal.
The intention is that the following single-residential zoning (SR1) would only apply to the property (Erf 12436 Fish Hoek), once (and if) the title deed restrictions are deleted:
• Primary uses: Dwelling house, private road and additional use rights.
• Additional use rights: Second dwelling, third dwelling, home occupation or bed-and-breakfast establishment or home child-care.
• Consent uses: Utility services, place of instruction, place of worship, house shop, institution, guest house, minor rooftop base telecommunication station, rooftop base telecommunication station, wind turbine infrastructure, open space, urban agriculture, halfway house and veterinary practice.
Importantly, the deletion or amendment of restrictive title conditions related to Erf 12436 does not mean that the other erven within Fish Hoek Township Extension 7 will also lose their single dwelling restriction. These properties will remain restricted to single-dwelling units.
• The Echo asked Mr Andrews some additional questions to get clarity on the process:
How many properties are there on Erf 12436? Mr Andrews said one.
The Echo asked why, if the deletion of title deed restrictions only applied to the one property, was there a need to notify so many properties in its vicinity?
Mr Andrews said: The Municipal Planning By-Law (MPBL) compels the City to notify, by registered mail, all owners within the same township of an application for the deletion of a title-deed restriction.
Thus, this is a statutory requirement. There are 204 erven within the Fish Hoek Township Extension 7, which are all subject to the same restrictive conditions that the owner of Erf 12436 wants to remove. As such, the City needed to inform all of the owners of the other erven in this township.
It is standard practice across the City when applications are processed to delete/ amend restrictive title-deed conditions. In some instances, the City would need to notify a few thousand property owners of such. In this case, we had to notify 204 property owners.
The Echo asked how the 204 properties would be affected if not by the deletion of their title deeds?
Mr Andrews said: What is meant with being “affected” is that the 204 erven in this township are all entitled to and subject to the same title-deed conditions.
There is a statutory obligation on the City to inform all property owners within the same township of an application for the deletion of a title-deed restriction. This is done by registered mail, advertisements in the media and Government Gazette and to the ward councillor and community organisation.
Their title deeds and property rights will not be affected, except that one of the erven in the township has applied to no longer be subject to the title-deed restrictions.