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Urban Planning
Erf transfer Durbanville
Agenda #8August 20, 2026
Summary
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The Council will consider granting in-principle approval for the closure and transfer of a portion of Remainder Erf 397 Durbanville to HBD Commercial Pty Ltd, owner of adjacent erven.
Closing and transferring part of a public erf, such as a road reserve, public open space or other municipal land, follows a set legal process in South Africa. An "erf" is a registered land parcel, and a "remainder" is the part of an original parcel left after other portions have been subdivided or sold. Council "in-principle approval" is normally a first step. It lets the City go ahead with the formal process. It does not finalise the transfer.
Several rules govern this kind of decision. Section 14 of the Municipal Finance Management Act and the Municipal Asset Transfer Regulations require a council to decide whether a capital asset is not needed to provide basic municipal services. The council must also consider the fair market value and the economic and community value of the asset. Closing public places is also covered by the Land Use Planning By-law and by the City's own policy on selling or leasing municipal immovable property. These generally require public notice, a period for comment or objection, and reports from departments such as Transport, Roads, Spatial Planning and Property Management. If the land is a street or public place, it must be formally closed before it can be sold. Final approval and registration of the transfer usually follow later. They can also depend on consolidation with the neighbouring erven and on payment of a price set by valuation.
This matters because municipal land is a public asset. Transfers to a private company, here the owner of the adjacent erven, affect transparency, access, nearby residents and the value the City receives. The usual public participation step lets neighbours and other stakeholders comment before any final decision.
I could not retrieve current web sources, so I have not confirmed details specific to Remainder Erf 397 Durbanville. The Council agenda on the City of Cape Town website is the best place to find them.
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