An audit conducted by the City’s Coastal Management Branch identified more than 200 unlawful encroachments where property owners are effectively privatising coastal public open spaces or coastal public property through the installation of among others unlawful decks, walkways, gardens, pools, irrigation systems and sea defence structures.
These encroachments are unlawful in terms of the City’s Coastal By-law, and the City has now commenced with serving compliance notices on owners to remove the unlawful structures and rehabilitate the affected areas.
Encroachments were identified along the Atlantic seaboard and the False Bay coastline and the audit included an assessment of 240km of coastline, including photographic evidence and site inspections.
Pre-notices and final notices to remove these unlawful structures and to rehabilitate the affected areas have already been served on some of the owners, and more will follow in coming months.
The Coastal By-law that was adopted in May 2020 assists the City to better manage the coastline and enable law enforcement to act on activities that may have a damaging impact on Cape Town’s unique and sensitive coastal environment.
The by-law is applicable to the coastal environment, and includes both coastal public open space and coastal public property.
“The by-law gives the City statutory powers to enforce the public’s right to access and enjoy our beaches and sea. Unfortunately, some residents are claiming portions of coastal public open space or coastal public property as their own private areas by either extending their homes or gardens, or building walkways with ‘no-access’ signs on these walkways. Our coastline belongs to all of us, and we are now using the by-law to entrench this right,” said Eddie Andrews, the City’s deputy mayor and mayoral committee member for spatial planning and environment.
“I appeal to those who have received these notices to comply, and to undertake the necessary rehabilitation work as soon as possible. City officials will inspect these sites to ensure compliance, and I want to add that we will not hesitate to take legal action where necessary,” said Mr Andrews.
Cape Town’s coastline is an extremely sensitive environment and unlawful encroachments may have a detrimental impact on the city’s resilience to climate change, rising seas and coastal erosion, and may also compound exposure to wind-blown sand.
“The Coastal By-law is also a legislative tool to ensure the sustainable use and development of the City’s coastline; promote the protection of the coastal environment; enable better regulation, protection, and governance of the coastline as a sensitive and economically valuable asset; ensure safe and enjoyable use of beaches; and to ensure measures are taken to rehabilitate or correct actions that have a damaging impact on the coastal environment. We are now using this by-law to protect Cape Town’s sensitive coastal environment, and want to also create awareness that encroachments are unlawful,” said Mr Andrews.
