KWAZULU-NATAL DEPARTMENT OF TRANSPORT

Road Safety Through Road Control

INTRODUCTION

LEGISLATION

ROAD RESERVE WIDTHS

ROAD CONTROL AccessAccess ManagementManagement EncroachmentEncroachment

ManagementManagement Building Line Building Line

RestrictionsRestrictions TradingTrading StormwaterStormwater Signs & AdvertisingSigns & Advertising

WHAT IS REQUIRED FROM THE APPLICANT

CHALLENGES

It is necessary for the Department to exercise careful Road Control of:

AccessesAccesses,Encroachments Encroachments (Services or Structures),StormwaterStormwater,SignsSigns & AdvertisingAdvertising

Along all Provincial roads, so that operational efficiency andRoad SafetyRoad Safety are not unduly compromised.

INTRODUCTIONINTRODUCTION

LEGISLATION

ROADS ACTROADS ACTIN TERMS OF THE KZN PROVINCIAL ROADS ACT NO. 4 OF 2001

ROADS REGULATIONSROADS REGULATIONS IN TERMS OF THE REGULATIONS NO. 2061 OF 2006

Both are available on our Departments website

http://www.kzntransport.gov.za/ (Internet)

http://home.kzntransport.gov.za/ (Intranet)

ROAD RESERVE WIDTHSROAD RESERVE WIDTHS

MAIN ROADS (Prefixed by ‘P’ eg: P255)MAIN ROADS (Prefixed by ‘P’ eg: P255)Main roads are declared with “a road reserve width of a minimum of 30 metres30 metres,or less where physical constraints prevent the full road reserve width or unlessexpropriated. DISTRICT ROADSDISTRICT ROADS (Prefixed by ‘D’ eg: D103)(Prefixed by ‘D’ eg: D103)District roads are declared with “a road reserve width of a minimum of 20 metres20 metres,or less where physical constraints prevent the full road reserve width.

LOCAL ROADS (Prefixed by ‘L’ eg: L123)LOCAL ROADS (Prefixed by ‘L’ eg: L123)Local roads are declared with “a minimum road reserve width of 10 metres10 metresbut not exceeding 20 metres, where the absence of physical constraintsfacilitates a wider width.”

ROAD CONTROLRoad Control is implemented to secure a safe transportation road network.

1)1) AccessAccess ManagementManagementSection 10 and Regulation 3 provide the legislation for access management. Uncontrolled & Improperly located Accesses affect the Safety of Provincial Roads.

A property owner with road frontage has certain rights of access to the road network. Where a property abuts a Provincial Road & a minor Municipal Road, access must be taken from the minor road.

Applications for a new access, or change in use (Rezoning), upgrade or closure of an existing access to a main or district road, are required to be assessed.

Accesses must be maintained by the land owner/user.

An example of poor visibility from Left and Right

2) 2) EncroachmentEncroachment Management ManagementSection 13 of the Act and Regulation 6 requires a person or body to obtain written authorisation beforebefore structures or services are erected, laid, or established.13.1(a) within the road reserve of a Provincial Road (Services); or13.1(b) within the 15 metres of the road reserve boundary (Structures).

The department maintains a level of control over Structures & ServicesStructures & Services, both within the declared or expropriated road reserve and in that portion of land immediately adjacent to the road reserve, known as the buildingrestriction area.

ServicesServices larger than 100mm in diameter are to be located outside of theroad reserve of a Provincial Road. Services Permitted within 2 m of theroad reserve.

3) 3) Building Line RestrictionsBuilding Line Restrictions

Section 13(1)(b) provides the legislation for the building line restriction.

No buildingsNo buildings or any structuresstructures whatsoever, other than a fence,

a hedge or a wall which does not rise higher than 2,1 metres above

the surface of the land on which it stands, shall be withinwithin a distance

of 15 metres 15 metres measured from the road reserve boundaryroad reserve boundary of the MainMain

or District road.or District road.

“StructureStructure”Any structure, erection or other improvement, aboveground or underground,whether permanent or temporary and irrespective of its nature or size,including but not limited to advertisements, any enclosures, fences, driveways,garden walls, golf courses, loading areas, parking areas, patios, signs,swimming pools, tennis courts, thatched shelters or utility services.

WHY DO WE IMPOSE A BUILDING LINE WHY DO WE IMPOSE A BUILDING LINE RESTRICTION?RESTRICTION?

FOR ROAD NEEDSFOR ROAD NEEDSFuture Road RequirementsCurrent Geometric StandardsCurrent Traffic Volumes, Growth Trends and Development PotentialManagement of Stormwater DrainageFuture Safety Improvement Requirements (eg. Daylighting)Future Intersection or Interchange RequirementsOperational Status of the RoadDevelopment Impact on Level of Service

FOR DEVELOPMENT AND PUBLIC NEEDSFOR DEVELOPMENT AND PUBLIC NEEDSTraffic Noise and FumesAccident PotentialDanger Related to Fires in Road ReserveAccess Difficulties to Maintain BuildingsLimited Scope for Access and On-Site Maneuverability eg: ParkingAesthetic and Spatial ConsiderationsPositioning of Servitudes for ServicesPedestrian Safety eg: Side Walks

This building line restriction area imposed adjacent to main and district roadsis

illustrated below:

Section 13 (1)(a) provides the conditions for Services Communication lines Electricity Lines Pipelines Municipal services

Section 13 (1)(b) provides the conditions for Structures Parking Developments ie. Shopping Centres, etc. Dwelling

An example of a Municipal pipeline within our road reserve.

An example of an illegal manhole on our road.

An example of illegal trading in our road reserve.

4) 4) TradingTradingSection 18 and Regulation 10 provides the legislation for trading management.Trading withinwithin or alongsidealongside Provincial Roads is not allowed.not allowed.

In built up areas where the speed limit has been reduced to 60 km/h

and the likelihood of road widening is low, a relaxationrelaxation of the 15 metre

building restriction may be made to 7.5 metres7.5 metres from the road reserve

boundary for the following:

Parking required in terms of the Town Planning Scheme.

Internal service roads.

Applications for such relaxation must be made by completing the prescribed application form and the relaxationrelaxation may only be

authorised in writingauthorised in writing.

5) 5) StormwaterStormwaterSection 12(1) (a) and Regulation 5Person may not without written permission lead any water overover,underunder or acrossacross a Provincial road.

The surface of the access should be free-drainingfree-draining and graded graded so thatno Stormwater runoff is directed onto the road.

The road drainage system should not serve as a drain for developers.

from a Property:from a Property: • The Developer or Property Owner is responsible for the Stormwater

onto a provincial road.from a Provincial Road: from a Provincial Road: • The Department is responsible for the Stormwater.

An example of Stormwater alongside our road.

6) 6) Signs & AdvertisingSigns & AdvertisingSection 32, Section 33 and Regulation 15No person may place any Advertising or Signage a Provincial roadwithout prior approval from the Department.

This Department is guided by the South African Manual for Outdoor Advertising Control (SAMOAC)

Outdoor advertising and information transfer fulfils an essential functionin modern society. It directs, guides and informs as to locality, product,activity or service and contributes to economic growth in general.

However, if outdoor advertising is not controllednot controlled properly it can have avery real impact onimpact on Road SafetyRoad Safety and the human living environment.Most advertisements are aimed at the road user and may thereforedistract or confuse the driver.Control measures are therefore needed to ensure that road Environmentswill be conducive to safe and pleasant driving.

Examples of illegal signs alongside our road reserve.

7. WHAT IS REQUIRED FROM THE APPLICANT7. WHAT IS REQUIRED FROM THE APPLICANT

In terms of the Kwazulu-Natal Roads Act No 4 of 2001 this Department requires the following:

Access ApplicationAccess Application::• a covering letter describing the purpose of the application,• FOUR (4) detailed to scale plans showing the proposed access point to be

used; and• an access report from relevant Cost Centre Manager.

Subdivision ApplicationSubdivision Application::• a covering letter describing the purpose of the subdivision,• FIVE (5) detailed to scale sub-divisional plans showing the

proposed subdivision and the proposed access point/s to be used,• a certified copy of the Title Deed for the relevant property; and• a certified copy of the SG diagram.

Development Application:Development Application:• a covering letter describing the purpose of the development,• FIVE (5) detailed to scale plans showing the proposed development and the

proposed access point/s to be used,No service roads or parking as required in the Town Planning

Scheme (TPS) shall be positioned within a distance of 7,5 meters measured from the road reserve of a Provincial Road; and

N.B. No parking is to be shown within the 7,5 metres building line restriction. Required number of TPS parking is to be shown on plan.

• a certified copy of the Title Deed for the relevant property; and• a certified copy of the SG diagram.• If < 50 vehicles to utilize the access no Traffic Impact Statement (TIS)

may required.• If 50 – 150 vehicles to utilize the access a Traffic Impact Statement (TIS)

is required.• If > 150 vehicles to utilize the access a full Traffic Impact Assessment (TIA)

is required; as well as • the comments of the relevant Municipality of an application is to be

submitted with the TIA.

Removal of Condition/s from the Title Deed ApplicationRemoval of Condition/s from the Title Deed Application::• a covering letter describing the purpose of the removal,• a certified copy of the Title Deed for the relevant property; and• a certified copy of the SG diagram.

Relaxation to Relaxation to Building Line RestrictionsBuilding Line Restrictions Application Application::• a covering letter describing the purpose of the relaxation,• FIVE (5) detailed to scale plan showing the buildings, road/s, road

reserve and building line boundaries,• a certified copy of the Title Deed for the relevant property; and• a certified copy of the SG diagram.

Rezoning ApplicationRezoning Application::• a covering letter describing the purpose of the rezoning,• a certified copy of the Title Deed for the relevant property; and• a certified copy of the SG diagram.

8. CHALLENGES

The challenges that the Department encounters are:1) the construction of illegal accessesillegal accesses onto and structuresstructures adjacent to and

within the road reserve of Provincial Roads;

2) the positioning of encroachments of encroachments of illegal servicesillegal services, such as , such as water pipe water pipe lines, signage, billboards and tradinglines, signage, billboards and trading within the road reserve, which appear over night within the road reserve of Provincial Roads.

To overcome these challenges, the intention is to educate and advise theTo overcome these challenges, the intention is to educate and advise thePublic and various stakeholders through an intensive media campaign toPublic and various stakeholders through an intensive media campaign toinform them of what can be done in the road reserve and how to go aboutinform them of what can be done in the road reserve and how to go aboutobtaining the necessary authority from the Department to encroach or gainobtaining the necessary authority from the Department to encroach or gainaccess to a Provincial road. Also to inform them of what the Departmentaccess to a Provincial road. Also to inform them of what the Departmentintends doing about the existing illegal activities. intends doing about the existing illegal activities.

Thank You…Thank You…

Copies of the presentation is available on requestCopies of the presentation is available on requestvia email: via email: michele.schmid@kzntransport.gov.za

Any Queries you can contact us on:Wally Bennett………...033-355 0598Wlodek Gorny…………033-355 0550Roy Ryan……………...033-355 0570Michéle Schmid………033-355 0581