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
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.
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)
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.”
ROAD CONTROL
Road Control is implemented to secure a safe transportation road network.
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.
An example of poor visibility from Left and Right
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.
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.
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
This building line restriction area imposed adjacent to main and district roads
is
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.
4) Trading
Section 18 and Regulation 10 provides the legislation for trading management.
Trading within or alongside Provincial Roads is not allowed.
An example of illegal trading in our road reserve.
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.
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.
An example of Stormwater alongside our road.
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.
Examples of illegal signs alongside our road reserve.
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:
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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:
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•
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:
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•
•
•
•
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•
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 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:
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•
•
•
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:
•
•
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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 accesses onto and structures adjacent to and
within the road reserve of Provincial Roads;
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.
Thank You…
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
Copies of the presentation is available on request
via email: michele.schmid@kzntransport.gov.za