Cape Town property departures

Gnome

Executive Member
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Hi all

TL;DR: Does anyone know company/people/someone that specializes in permanent departures in Cape Town, regarding setbacks. Specifically we are concerned with a street setback on a corner lot.

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Long version:

Bought a home that is on a corner lot.
The house is SR1 zoning.
400Sqm, ± 14.2m x 28.5m.
This kind of shape for the lot (ignore the building they are showing that has no relevance to us, just imagine this kind of corner lot)
1775254056956.png

The existing house is 100sqm. To super impose the house, as purple, over that existing image from the DMS
1775255005863.png

Our objective: Build another level up (2 storey).

However the DMS requires a 3m setback from the street, we have a 2m setback.
We'd like to apply for a permanent departure, but it is unclear if we should even bother, is it likely we would get a departure?
What would the ideal document motivating for the departure look like, and so on.

The house is not registered in the heritage register:
1775254448890.png

But it does appear in the 1935 aerial photos.
In the area it does not really represent the most historically accurate house, so it isn't a surprise it isn't on the register.
We would however like it to look more like older homes in the area (but again 2 storey on 100sqm of ground space).

I really dislike the DMS suggestions of 3.5m setback from the street with a 0m boundary to the neighbour.
Like what neighbour wants a double storey house with 0m setback next to them? (and we can't have windows on that side on the ground floor which is also not great for us).

Anyway long story, appreciate any help/input
 
Hi I'm not knowledgeable in this field, but what I have found is that if you can motivate what the impact of the departure will be they will more likely approve the departure. In your case you are not adding to extent of the existing building being over the building line so your impact will most likely be nothing.

It is also worth looking into any past building approvals for the house to see if the set-back line moved at some point. It can potentially be used as motivation since the current approval is in place.

The purpose of applying for departures is specifically for cases like this were the general land-use planning by-law does not align with what is found on your property. In short, I would say go for it, just make sure you meet all the requirements and be clear in your motivation.

The City's by-laws are freely availabe on their website and it is fairly simple to understand for the layman.

Lastly, the 3,5 m offset in front of properties are due to where services are run (fibre, water, sewer, electrical, street lights etc.).
 
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