City issues notices to homeowners who illegally encroach Cape Town’s coastline

01 August 2023

The City of Cape Town is taking proactive measures in protecting our sensitive coastal environment from unlawful encroachments by private property owners along our 240km of coastline. 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 unlawful decks, walkways, gardens, pools, irrigation systems, sea defence structures and so forth. 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.

Cape Town's coastline draws millions of visitors every year. It is a national asset and contributes approximately R40 billion per annum, or 10%, to our local economy.

The Coastal By-law that was adopted in May 2020 assists the City to better manage the coastline and enable law enforcement of 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 which belongs to all South Africans and should be accessible to all residents and visitors.

'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 Alderman Eddie Andrews, the City's Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment.

Audit of coastal encroachments

Comprised of an assessment of 240km of coastline, including photographic evidence and site inspections
Approximately 200 encroachments were identified, ranging from manicured lawns, to decks, trampolines, fencing, pools, restaurant areas and sea defence structures
Encroachments were identified along the Atlantic seaboard and the False Bay coastline
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

'According to the Coastal By-law no person is permitted to install an encroachment, or allow an encroachment to continue, in the coastal environment, irrespective of whether this is permanent or temporary. An encroachment may be any structure or building, including fences, walls, barriers, swimming pools, irrigation systems, landscaping, gardening, infilling and so forth.

'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 Alderman Andrews.

Cape Town's coastline is an extremely sensitive environment. 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 Alderman Andrews.

The Coastal By-law is founded on the principles of the City's Integrated Coastal Management Policy and Coastal Management Programme that were adopted by Council in 2014 and 2015 respectively, the Western Cape Provincial Coastal Management Programme, and the National Environmental Management Integrated Coastal Management Act 24 of 2008 as amended.

End

Published by:
City of Cape Town, Media Office