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

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

3. 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/http://www.kzntransport.gov.za/ (Internet) http://home.kzntransport.gov.za/http://home.kzntransport.gov.za/ (Intranet)

4. ROAD RESERVE WIDTHS MAIN ROADS (Prefixed by ‘P’ eg: P255) 30 metres 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 (Prefixed by ‘D’ eg: D103) 20 metres 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) 10 metres 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.”

5. ROAD CONTROL Road Control is implemented to secure a safe transportation road network. 1)AccessManagement 1)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.

6. An example of poor visibility from Left and Right

7. 2) Encroachment Management before 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). Structures & Services 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 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.

8. 3) Building Line Restrictions Section 13(1)(b) provides the legislation for the building line restriction. No buildingsstructures 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 within the surface of the land on which it stands, shall be within a distance 15 metres road reserve boundaryMain of 15 metres measured from the road reserve boundary of the Main or District road. Structure “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.

9. 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

10. This building line restriction area imposed adjacent to main and district roads is illustrated below:

11. 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

12. An example of a Municipal pipeline within our road reserve.

13. An example of an illegal manhole on our road.

14. An example of illegal trading in our road reserve. 4) Trading Section 18 and Regulation 10 provides the legislation for trading management. withinalongsidenot allowed. Trading within or alongside Provincial Roads is not allowed.

15. In built up areas where the speed limit has been reduced to 60 km/h relaxation and the likelihood of road widening is low, a relaxation of the 15 metre 7.5 metres 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. relaxation Applications for such relaxation must be made by completing the prescribed application form and the relaxation may only be authorised in writing authorised in writing.

16. 5) Stormwater Section 12(1) (a) and Regulation 5 over Person may not without written permission lead any water over, underacross under or across a Provincial road. free-draininggraded 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.

17. An example of Stormwater alongside our road.

18. 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. not controlled However, if outdoor advertising is not controlled properly it can have a impact onRoad Safety 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.

19. Examples of illegal signs alongside our road reserve.

20. 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.

21. 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.

22. 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.

23. 8.CHALLENGES The challenges that the Department encounters are: illegal accessesstructures 1)the construction of illegal accesses onto and structures adjacent to and within the road reserve of Provincial Roads; encroachments of illegal services, such as water pipe lines, signage, billboards and trading 2)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.

24. Thank You… Copies of the presentation is available on request via email: michele.schmid@kzntransport.gov.za michele.schmid@kzntransport.gov.za Any Queries you can contact us on: Wally Bennett………...033-355 0598 Wlodek Gorny…………033-355 0550 Roy Ryan……………...033-355 0570 Michéle Schmid………033-355 0581