Section 24G Application for clearance of indigenous vegetation on Farm 974/1, Misty Cliffs

BACKGROUND 

The applicants commenced with a listed activity without the necessary environmental authorisation and are apply for rectification in terms of Section 24 of NEMA. Approximately 400 square metres of indigenous vegetation was cleared on Farm CA 974/1, Misty Cliffs and some damage to vegetation occurred on the adjacent Farm 979/9. The applicants also seek environmental authorisation to continue with the proposed development of an access driveway and single residential house on the site

SITE DESCRIPTION

The site (Farm 974/1) is approximately 15 ha in extent and located in the City of Cape Town Municipality, approximately 2 km northwest of Scarborough and 0.2 km northwest of the town called Misty Cliffs. The farm is zoned for Agricultural use and is classified as a Critical Biodiversity Area. The site is bounded by the Table Mountain National Park to the north and east.

PROPOSED DEVELOPMENT

The proposed development includes a driveway and house, which have undergone an iterative design process aimed at embedding the proposed dwelling into the surrounding landscape. Inputs from botanical and freshwater specialists have been incorporated into the application informing the location of the proposed development on the site to minimise negative impacts on the natural environment. The proposed design also responds to the steep nature of the site, considering the importance of safe access and reduced visual impact.

APPLICABLE LEGISLATION

Application has been made in terms of the National Environmental Management Act, 1998 and the Section 24G Fine Regulations (GNR 698 of 2017) for retrospective authorisation of the activity commenced with in February 2025 that was unlawful in terms of Section 24F of the NEMA and the Environmental Impact Assessment Regulations of 2014 (as amended), and for the continuation of listed activities.

The activity necessitating the retrospective Environmental Authorisation application is set out below:

• Activity 12 of Listing Notice 3 (GNR 324 of 2017): The clearance of an area of 300 square metres or more of indigenous vegetation in the Western Cape i) Within any critically endangered or endangered ecosystem

The activities not yet commenced with that require authorisation are as follows:

• Activity 4 of Listing Notice 3 (GNR 324 of 2017): The development of a road wider than 4 metres with a reserve less than 13.5 metres i. Western Cape i Areas outside urban areas; (aa) Areas containing indigenous vegetation.
• Activity 17 of Listing Notice 1 (GNR  327 or 2017): Development - (v) if no development setback exists, within a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is greater; in respect of - (e) infrastructure or structures with a development footprint of 50 square metres or more.
• Activity 19A of Listing Notice 1 (GNR  327 or 2017): The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from - ii) the littoral active zone, an estuary or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance is greater.

OPPORTUNITY TO PARTICIPATE

The first round of pre-application public engagement occurred from Friday 02 May 2025 until Thursday 22 May 2025. A second public participation process commences on Thursday, 06 November 2025 with the publication of the draft S24G report. Interested and Affected Parties (I&APs) are invited to register and provide comments on the application using the form below. The 30-day commenting period starts on Thursday, 06 November 2025 and ends on Monday, 08 December 2025. 

Comments raised during the first round of public engagement were addressed and responded to in a Public Participation Process Report (PPPR) appended as Appendix G available in the link below. Comments received during this second round of public engagement will be addressed and responded to in a second PPPR which will be made available accordingly.

Should you have any queries or concerns you can contact the Environmental Assessment Practitioner, Jeremy Rose or Kelly Gilmour as follows:

• By sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.
• By sending a WhatsApp message to 060 524 7676
• By completing the form on this page

Files associated with this round of public engagement can be accessed at the link below.

  folder 2025-11 Section 24G Retrospective Environmental Authorisation Application, Misty Cliffs

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Please note that any comments submitted will be included in future versions of the report and publicly available. If you have any direct financial, business, personal or other interest in the application, please ensure you declare it below.

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Personal Information and Privacy

We are required by the EIA Regulations, GNR 326 of 2017 and the National Environmental Management Act to maintain a register of interested and affected parties including of people who have commented, attended meetings, or requested registration. This requires us to collect and process certain personal information as defined in the Protection of Personal Information Act, 2013. The following personal information has been collected for the purpose of public participation from registered I&APs and will be collected from anyone who comments or registers:

 

• Name, contact details and address;
• A copy of any comments submitted; and
• Details of any interest declared in the granting or refusal of the application.

Should you register and/or comment, your name and your comments will be included in published documents. Your contact details, address, and interest declaration will be provided to the competent authority. Personal information will be stored by Infinity Environmental (Pty) Ltd at 2 Fir Street, Observatory 7925, and on a password-secured cloud storage system which may include servers in other countries. You may at any time request access to or rectify this personal information by contacting us on This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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