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Urban Planning
Street transfer Bordeaux Ave Constantia
Agenda #5August 20, 2026
Summary
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The Council will consider granting in-principle approval for the closure and transfer of a portion of public street and a portion of public place at Bordeaux Avenue, Constantia, to the owner of the adjacent Erf 2944 Constantia, Beverley Ann Hughes.
Under the City of Cape Town's Immovable Property By-law, 2015, all public streets and public places are owned by the City. The ownership of all immovable property registered in the name of the City and all public places, including public streets, vests in the City. A portion of street can only be sold or transferred once it has been legally closed. The City may close any public street, public place or any portion of one by notice in the Provincial Gazette. Before closing, the City must advertise its intention to do so. This gives neighbours and the public a chance to object.
The "in-principle approval" step comes from the national Municipal Asset Transfer Regulations. Similar Cape Town items show how this works. In one comparable case, Council approved in-principle approval under regulation 5(1)(b)(ii), then approved the closure under section 4 of the By-Law, for a small street portion shown on a plan. In-principle approval is usually an early step. The advertising and objection process, the formal closure, and the final transfer, often with conditions, follow it. Approval is typically for the adjoining owner, or their successors in title.
These transfers are usually small strips of land that are no longer needed as street or public space. They matter to citizens because public land is being permanently moved into private ownership. Residents can comment or object during the advertising period, and the City must consider and record its response to any objections. Bordeaux Avenue is a residential road in the upmarket Constantia area. I found no specific public report on this application, so details such as the size of the portion and any conditions would be in the Council agenda documents on the City's website.
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