Avoca trucking firms ‘contravene by-laws’
RESIDENTS in Prince Mhlangana Road in Avoca, north of Durban, are fed up with illegal trucking in the area.
They said three privately owned plots of land, which were initially a river meander, had been used as trucking depots by businesses for about 10 years. This, they said, was despite a municipal by-law that prohibited trucking and transport use on the land.
Apsra Panchoo, 45, lives with her parents, teenage son and a cousin on Prince Mhlangana Road. Her parents moved into their home almost 50 years ago.
“The three premises are zoned for light industrial use and trucking and transport use are prohibited,” said Panchoo.
“Since the trucking businesses started operations, there has been a grave impact on the roads and infrastructure, which includes stormwater systems and manholes. This is due to the type of trucks that are now arriving on the roads, which are not constructed to hold their weight.”
Panchoo said her family first raised their concerns with the eThekwini Municipality in 2011 about illegal dumping on the land, but nothing came of that complaint.
She said in October 2011, a notice calling for objections to the premises being used for trucking was published in a newspaper.
She said her father and another resident lodged a formal objection on November 11, 2011, to which 18 other residents were co-signatories. The objection note, she said, was hand-delivered to the city’s town planning unit.
Panchoo said a town planning services company had made an application to have the area rezoned from residential to light industrial use the same year.
She said in December 2011, the rezoning was approved but the city’s executive committee had recommended that while the premises would be rezoned, trucking and transport use would be prohibited.
“Light industrial use was allowed as long as there was no impact on the community and the environment,” said Panchoo.
“But, unfortunately, the community has been impacted. Trucking businesses continued to operate and this prompted the community to start a petition in May 2013. The residents demanded compliance to all legislation and regulations in relation to, among others, land zoning and usage and environmental impact.”
She said the issue of air, water, land and noise pollution caused by the illegal trucking was also a concern and that the businesses were in contravention of the by-laws.
Panchoo said along with the petition, several emails were sent to Bobby Maharaj, the current ward 34 councillor. The community sought reference numbers and details of the contravention notice which, Panchoo said, they had been led to believe would be sent to the landowner.
“But not a single response was provided with this information to date by the councillor, so we have had to deal directly with the city.”
She said to add to their concerns, they could smell diesel on one of the properties. Panchoo said they believed diesel was being stored to fuel the trucks.
A second online petition was started two weeks ago for the removal of the trucks. It has since garnered more than 130 signatures.
“This petition will be sent to the different municipal departments, specifically law enforcement, calling for the removal and termination of any and all such unlawful activities.”
Panchoo’s mother, Mary, 72, said: “It has become unbearable to live in these conditions. We cannot sleep due to the noise and hooting at odd hours.”
Shane Gangaram, 65, a neighbour, said: “These trucks take two lanes and the pavement to turn, and due to the trucks there is a congestion of traffic in peak hours which is frustrating. While we don’t want to take away anyone’s bread and butter, we have to think about the impact on the community. The trucking businesses must be relocated to an industrial area.”
Maharaj said: “I am aware that this has been an ongoing issue. I have liaised with the heads of department, including of law enforcement. I have been told that legal action is currently under way. The residents are advised to be patient as their concerns are being addressed.”
Mswakhe Mayisela, the city spokesperson, said: “The development planning, environment and management department is aware of the issues with the trucking business operating within this area, which is mainly zoned for residential purposes.
“Contravention notices have been served on the transgressors and further enforcement and prosecution has been escalated to the legal department and is pending court action.
“However, if there are any new transgressors, then a further investigation will be undertaken and follow the statutory enforcement and prosecution procedures.”
The landowner and trucking businesses did not respond to emails or calls at the time of publication.
¡ If you have a trucking issue in your area, and have taken up the matter with the city, email post@inl.co.za