KWAZULU-NATAL DEPARTMENT OF TRANSPORT

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KWAZULU-NATAL DEPARTMENT OF TRANSPORT Road Safety
Through Road Control
INTRODUCTION LEGISLATION ROAD RESERVE
WIDTHS ROAD CONTROL
Access Management Encroachment Management
Building Line Restrictions Trading Stormwater
Signs Advertising
WHAT IS REQUIRED FROM THE APPLICANT CHALLENGES
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INTRODUCTION

• It is necessary for the Department to exercise
  careful Road Control of
• Accesses,
• Encroachments (Services or Structures),
• Stormwater,
• Signs Advertising
• Along all Provincial roads, so that operational
  efficiency and
• Road Safety are not unduly compromised.

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LEGISLATION

• ROADS ACT
• IN TERMS OF THE KZN PROVINCIAL ROADS ACT NO. 4 OF
  2001
• ROADS 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)

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ROAD RESERVE WIDTHS

• MAIN ROADS (Prefixed by P eg P255)
• Main roads are declared with a road reserve
  width of a minimum of 30 metres,
• or less where physical constraints prevent the
  full road reserve width or unless
• expropriated.
• DISTRICT ROADS (Prefixed by D eg D103)
• District roads are declared with a road reserve
  width of a minimum of 20 metres,
• or less where physical constraints prevent the
  full road reserve width.
• LOCAL ROADS (Prefixed by L eg L123)
• Local roads are declared with a minimum road
  reserve width of 10 metres
• but not exceeding 20 metres, where the absence of
  physical constraints
• facilitates a wider width.

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ROAD CONTROL

• Road Control is implemented to secure a safe
  transportation road network.
• Access Management
• Section 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.

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An example of poor visibility from Left and Right
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• 2) Encroachment Management
• Section 13 of the Act and Regulation 6 requires
  a person or body to obtain written authorisation
  before structures or services are erected, laid,
  or established.
• 13.1(a) within the road reserve of a Provincial
  Road (Services) or
• 13.1(b) within the 15 metres of the road reserve
  boundary (Structures).
• The department maintains a level of control over
  Structures Services, both within the declared
  or expropriated road reserve and in that portion
  of land immediately adjacent to the road reserve,
  known as the building
• restriction area.
• Services larger than 100mm in diameter are to be
  located outside of the
• road reserve of a Provincial Road. Services
  Permitted within 2 m of the
• road reserve.

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• 3) Building Line Restrictions
• Section 13(1)(b) provides the legislation for
  the building line restriction.
• No buildings or any structures 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 within a distance
• of 15 metres measured from the road reserve
  boundary of the Main
• or District road.

Structure 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.
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• WHY DO WE IMPOSE A BUILDING LINE RESTRICTION?

• FOR ROAD NEEDS
• Future Road Requirements
• Current Geometric Standards
• Current Traffic Volumes, Growth Trends and
  Development Potential
• Management of Stormwater Drainage
• Future Safety Improvement Requirements (eg.
  Daylighting)
• Future Intersection or Interchange Requirements
• Operational Status of the Road
• Development Impact on Level of Service

• FOR DEVELOPMENT AND PUBLIC NEEDS
• Traffic Noise and Fumes
• Accident Potential
• Danger Related to Fires in Road Reserve
• Access Difficulties to Maintain Buildings
• Limited Scope for Access and On-Site
  Maneuverability eg Parking
• Aesthetic and Spatial Considerations
• Positioning of Servitudes for Services
• Pedestrian Safety eg Side Walks

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This building line restriction area imposed
adjacent to main and district roadsisillustrated
below
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• 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

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An example of a Municipal pipeline within our
road reserve.
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An example of an illegal manhole on our road.
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An example of illegal trading in our road reserve.
4) Trading Section 18 and Regulation 10 provides
the legislation for trading management. Trading
within or alongside Provincial Roads is not
allowed.
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• In built up areas where the speed limit has been
  reduced to 60 km/h
• and the likelihood of road widening is low, a
  relaxation of the 15 metre
• building restriction may be made to 7.5 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 relaxation may only be
• authorised in writing.

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• 5) Stormwater
• Section 12(1) (a) and Regulation 5
• Person may not without written permission lead
  any water over,
• under or across a Provincial road.
• The surface of the access should be
  free-draining and graded so that
• no Stormwater runoff is directed onto the road.
• The road drainage system should not serve as a
  drain for developers.
• from a Property
• The Developer or Property Owner is responsible
  for the Stormwater
• onto a provincial road.
• from a Provincial Road
• The Department is responsible for the Stormwater.

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An example of Stormwater alongside our road.
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• 6) Signs Advertising
• Section 32, Section 33 and Regulation 15
• No person may place any Advertising or Signage a
  Provincial road
• without 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 function
• in 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
  controlled properly it can have a
• very real impact on Road Safety and the human
  living environment.
• Most advertisements are aimed at the road user
  and may therefore
• distract or confuse the driver.
• Control measures are therefore needed to ensure
  that road Environments
• will be conducive to safe and pleasant driving.

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Examples of illegal signs alongside our road
reserve.
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7. WHAT IS REQUIRED FROM THE APPLICANT

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

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• 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 lt 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 gt 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.

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• Removal 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 Building Line Restrictions
  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 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.

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8. CHALLENGES

• The challenges that the Department encounters
  are
• the construction of illegal accesses onto and
  structures adjacent to and within the road
  reserve of Provincial Roads
• the positioning of encroachments of illegal
  services, such as water pipe lines, 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 the
• Public and various stakeholders through an
  intensive media campaign to
• inform them of what can be done in the road
  reserve and how to go about
• obtaining the necessary authority from the
  Department to encroach or gain
• access to a Provincial road. Also to inform them
  of what the Department
• intends doing about the existing illegal
  activities.

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Thank You
Any Queries you can contact us on Wally
Bennett...033-355 0598 Wlodek Gorny033-355
0550 Roy Ryan...033-355 0570 Michéle
Schmid033-355 0581
Copies of the presentation is available on
request via email michele.schmid_at_kzntransport.gov
.za