This is not only a breakthrough for the Cliff Path Action Group (CPAG), but also for the whole of Hermanus and the tourism industry after the High Court recently ordered the Poole’s Bay Residents Association to remove the illegal balustrade that blocked the Cliff Path and to pay all the legal costs.
“This tug of war over the Cliff Path connection at Poole’s Bay has been going on for seven years,” the chairperson of the CPAG, Jobre Stassen, pointed out, “and we are delighted with the verdict.”
Judge Susan van Zyl stated the following: “Bayview erected the balustrade in July 2021 without building plan approval having been obtained. The balustrade was erected below the high-water mark.
“The balustrade sends a message that the area where it is erected is not open to the public. The balustrade constitutes a barrier on, and to, coastal land.
“CPAG has made a proper case, that the CPAG’s and the public’s rights to access the coastal public property are encroached on by the balustrade, which was unlawfully erected without building plan approval.
“The public is entitled to access to the area, the balustrade being below the high-water mark.”
On Monday the balustrade was removed, and chairperson of the CPAG Jobre Stassen said: “We thank Bayview for its cooperation in unlocking the full potential of the Cliff Path, one of Hermanus’ biggest assets. Please enjoy walking safely along the coast.”
The connection is 70% completed and the remainder will be built from 1 February 2025 to 30 June 2025. . If you want to make a donation to support the CPAG: Investic Bank, account number 1001 2167 670.
