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Urban Planning
Public passage transfer Gordon's Bay
Agenda #10August 20, 2026
Summary
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The Council will consider granting in-principle approval for the closure and transfer of a public passage (portion of Remainder Erf 1245 Gordon's Bay) to Vanessa Cornelia Davids and Glenn Peter Vera Verdyck.
Public passages like this one are usually narrow pedestrian walkways between erven. They are legally "public places" or "public roads", and the City holds them for public use. Under the City's immovable property by-law, public places and public streets vest in the municipality. Before the City can transfer one to a private owner, it has to close it formally.
Under the Immovable Property By-Law, the City may close a public street, public place or any portion of one by notice in the Provincial Gazette. It must first advertise its intention to close and serve the advertisement on the owners of abutting properties. The earlier 2003 by-law likewise required that the council consider and reject any objections, and record its reasons in writing, before closing. A council decision "in principle" normally starts this process. It allows the advertising and objection period to proceed, and the closure is not final until that period is complete.
The sale or transfer of land is also governed by national rules. The City's guidance says a portion of road or public place must be closed, and the law requires the closure to be advertised. The City may not sell a property it needs to provide the minimum level of basic municipal services. Transfers are assessed under the Municipal Finance Management Act (2003) and the Municipal Asset Transfer Regulations (2008). Closing a passage matters to residents because it can remove a public right of way, and neighbours can lodge objections during the advertised period. It also lets adjoining owners formally acquire land they may already be using.
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