Dear Friends of the Cliff Path
We are delighted! Hermanus is abuzz with good news: the appeals are dismissed, the Environmental Authorisation (EA) granted on 17 November 2022 remains valid. The project can continue, we’ll move full steam ahead.
Many thanks to Kozette Myburgh of Ecosense Environmental Consultants for conducting the investigation in a professional manner. We also would like to thank our legal team, in particular advocate Johan de Waal and attorney Marius van Staden of Savage, Jooste and Adams for all the hours spend to ensure that the public’s rights are not trampled on.
Minister Anton Bredell, Department Environmental Affairs and Development Planning Western Cape, dismissed the appeals after reviewing all the grievances lodged by the Pooles Bay Residents Association(PBRA). Comprehensive feedback from the Minister includes the following points:
4.57.8 The project is in the public interest as it promotes equitable access to a public resource. There is a net positive benefit to the path and the broader community stands to benefit from this.
4.57.9 The Appellant has a specific vested interest in opposing the project, being a group of adjacent landowners and are therefore not acting on behalf of the ‘whole community’, but for the interest of a particular group.
4.57.10 The widespread support for the project from the local community that was illustrated by the large amount of positive comments received throughout the public participation periods proves that the larger community interest has been considered. A record of these comments of support may be sourced in Appendix F of the Final BAR ( dated August 2022).
4.60.2 The proposed project will promote the principle of sustainable development. In order for the development to be socially and environmentally sustainable, it must have the ability to maintain qualities that are valued in the physical environment, namely:
4.60.2.1 That the disturbance of ecosystems and loss of biological diversity are avoided, or where they cannot be altogether avoided, are minimised and remedied. As demonstrated in the Final BAR and Appendix K to the Final BAR, the proposed development will not result in the loss of biological diversity or disturbance of ecosystems.
4.60.1 The Applicant submits that the project promotes the environmental management principles in section 2 of NEMA in the following ways:
4.60.1.1 The proposed project will serve the wider community without significantly affecting others. This promotes the NEMA principle that environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably.
We acknowledge the role of previous generations, people like Eric Jones, Dr. Ion Williams, David Beatie and Basil Hersov in creating the character of Hermanus as we know it today; the extensive network of paths in Fernkloof as well as the iconic cliff path along cliff tops and under ancient milkwood trees. As a new generation of ratepayers in Hermanus we are now in a position to connect the missing link of the cliff path in a manner as if it has always been there.
The baton has now been handed over to the engineering and project management team.
At all times the path will be on coastal public land under the high water mark, an area already belonging to the public. At both ends it simply connects to the existing cliff path which is on municipal land. There should be no confusion: neighboring private landowners’ rights are not impeded.
Also, public funds will not be used. We are dealing with an emergent process. It is a public infrastructure and development project, driven by like-minded residents and privately funded. We do not want to put pressure on limited public resources. The entire project from development to completion and maintenance will be privately thereby not straining the municipal resources.
Furthermore, as to look and feel, the proposed connecting path will be similar in character than the current cliff path along Voelklip. In areas where high cliffs drop into the sea, bridges will secure safe passage.
The cliff path is an artery that runs through the town connecting people of all ages – happy people enjoying nature. The new connection along the coast of Pooles Bay will resolve the unpleasant diversion of the path away from the sea and onto the dangerous sidewalk of Main Road.
It is against this background that we are asking the Pooles Bay Residents Association to now work together with us.
#Hermanus first
Let us all be guided by what is in the best interest of Hermanus.
Regards
Committee Cliff Path Action Group