Cape Town - City officials have met the Passenger Rail Agency of SA (Prasa) to improve the public’s access near the Kalk Bay tidal pools after residents were “outraged” as their access was restricted by a deck built by the owner of the Brass Bell restaurant.
In December, Kalk Bay residents cried foul after the owner of the Brass Bell, Tony White, installed a deck right on to the beach area at the tidal pools without any public participation and they feared the public’s access would be restricted with the new seating area for restaurant patrons.
White leases the land from Prasa and both parties said that the deck extension was legal and that they would not prevent anyone from walking through the area or using the pools.
Later another deck was installed and recently a roller- shutter door.
White said he installed the doors to protect his assets at night, but ensured they would be open from early morning until after midnight when the restaurant closed.
Tony Trimmel, chairman of the Kalk Bay Ratepayers and Residents’ Association, said residents recently complained that the new door was still locked at 7am while another door was sometimes still shut at 10am.
Trimmel has been in regular contact with city and provincial government officials about the issue, but said: “It has taken a very long time for the public to get answers and that whole site has now been taken over by the Brass Bell.
“There is a lot of illegal activity taking place in terms of blocking people’s access and the fact that some things are in contravention of environmental law.”
After residents complained in December, the city launched an investigation.
Mayoral committee member for environmental and spatial planning Garreth Bloor said after a site visit last month, the city’s view was that the construction of both decks are in contravention of the National Environmental Management Act (Nema) and that environmental authorisation had to be obtained to install the decks.
Henry Masimla, manager of Prasa’s corporate real estate division, previously said no environmental impact study or authorisation was requested or granted as Prasa deemed the changes as minor work.
The city submitted the case to the provincial Department of Environmental Affairs and Planning to investigate.
“The city also noted and recorded the closing of two common access points. It must be noted that the Western Cape government is solely responsible for determining the need for environmental authorisation.
“Exemption from the Nema cannot be given by Prasa or any other agency,” Bloor said.
He said as Prasa administered the land, the city would formally take up the issues with them to come to a solution that worked for all parties.
He said in terms of the historical rights for public access to the coastline as well as the rights of unimpeded access to the amenity (tidal pools), the public’s access may not be obstructed in terms of the Integrated Coastal Management Act.
Masimla said they met with city officials on Friday to see how they could improve access to the area.
“City and provincial officials have called for improved access to what we have now and we will discuss certain things with our tenant and put an agreement in place,” he said.
“For us the main objective is to utilise the property and the improvements the tenant has made to the benefit of everyone,” Masimla added.
Kenneth McClarty, a resident, said the situation had become “even more outrageous” with the roller-shutter door blocking people’s access to the tidal pools and walkway to the harbour.
“It may be Prasa’s land but it’s always been a public area, our right to access has been stolen, the whole area has been stolen by Mr White,” McClarty said.
Oliver Bauer, a Brass Bell manager, said following instances where people could not gain access to the area, they had installed a bell for people to alert their security to open the door.
Cape Times