Bedfordview residents raise alarm over alleged illegal billboard
Sanral gives 30 days for the removal of an outdoor advertising billboard adjacent to the N3 bypass, which is apparently not compliant with its regulations.
A billboard installed on a property on Willow Crescent, Bedfordview, is a sore sight for a neighbouring resident.
Billy Broeders said the billboard was installed without them, as affected neighbours, being consulted.
Communicating with the City of Ekurhuleni through his legal representative, Broeders reported the billboard, which is adjacent to the N3 bypass heading northwards, close to the Linksfield off-ramp, as unlawful and dangerous.
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“The billboard is an electronic billboard which flashes video material at all hours of the day and night and constitutes a danger to motorists and a nuisance to residents,” stated the legal representative.
He added that the billboard is extremely bright and distracting and can be seen for miles around. It is very close to the Linksfield off-ramp and appears to be unlawfully close (approximately 50m).
“It constitutes a definite distraction and danger to traffic, and this aspect needs to be thoroughly investigated by the CoE and the South African National Roads Agency Limited (Sanral).”
Broeders’s legal representative said the billboard constitutes an unacceptable nuisance to his client and other residents for the following reasons:
1. The board shines onto the property day and night
2. The board is a visual eyesore
3. The light is so strong that it shines right through the curtains
4. The light flashes continuously
5. My clients are unable to sleep in the house
6. The flashing light causes headaches and is bad for the health of my client, family and other residents
7. The flashing light is bad for pets and other animals
8. The board is on day and night
9. The board negatively and substantially affects the value of my client’s property and renders it virtually unsaleable.
On behalf of advertising agency Insight Outdoor, to whom the billboard is leased, Sean Busschau said the company has been engaging with the relevant municipal departments regarding the site for an extended period and continues to work closely with the relevant authorities as part of the standard processes associated with outdoor advertising infrastructure.
The application relating to this site was formally submitted during 2024, with the prescribed municipal application fees paid on November 12, 2024.
“When the resident’s concerns were brought to the company’s attention, Insight Outdoor immediately arranged a site visit to engage directly with the resident and better understand the concerns raised.
“Following these discussions, and in the interests of being considerate to nearby residents, the company elected to switch off the digital component of the billboard and subsequently removed the LED display components entirely,” explained Busschau.
He added that the billboard is presently operating solely as a static advertising structure, with no illumination, video content or flashing display functionality.
He further said the structure itself was designed and installed by a reputable specialist contractor and reviewed by a qualified engineer.
In addition, the foundation infrastructure had already existed on the site for many years prior to Insight Outdoor’s involvement, meaning that no excavation work was undertaken during installation.
Busschau acknowledged that during engagement with the resident, several potential mitigation measures were discussed.
Following the removal of the digital components, no further complaints were received, and the company was therefore under the impression that the concerns raised had been satisfactorily resolved.
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He said, “Insight Outdoor takes public safety and community concerns seriously and remains committed to engaging constructively with residents and the relevant authorities where required.
“The agency maintains professional working relationships with municipalities across South Africa, including the CoE, and remains committed to complying with all applicable regulatory requirements.”
Lwando Mahlasela, media relations manager for SANRAL, said the billboard is not compliant.
He explained that this finding was based on a site visit and an evaluation conducted in terms of the SANRAL Act and the SANRAL Regulations on Advertising on or Visible from National Roads.
In terms of Sections 48(1) and 50(1) of the Sanral Act and National Roads Act, 1998 (Act No. 7 of 1998), no person may erect, alter, or permit any structure, advertisement, or related installation on, over, below, or visible from a national road or within a building restriction area without prior authorisation from Sanral.
In addition, the Sanral Regulations on Advertising on or Visible from National Roads apply, including:
• Regulation 6, read with Regulations 17(3) and 17(4), which sets out required distance restrictions for advertisements; and
• Regulation 14, which governs illuminated and electronic advertisements.
Mahlasela revealed that Sanral has not yet received an application for the billboard. He expanded, “The application procedure was forwarded to the owner of the structure.
“The CoE has received an application, but no approval was issued. Sanral, CoE and the complainant’s appointed attorney are in liaison with each other regarding the matter.”
Mahlasela quoted Chapter 7 of the Constitution of the Republic of South Africa, Section 156, which provides local government with powers and functions to make and administer by-laws.
“The CoE, in terms of their by-law, is in the process of addressing the billboard. One side of the electronic billboard that influenced the complainant’s property was switched off after the owner of the billboard received the notice from the CoE. It was, however, replaced with a banner that remains illegal,” said Mahlasela.
He said that Schedule 4 Part A of the Constitution allows the national spheres of government with powers to regulate road traffic. Sanral, operating in the national sphere of government in accordance with its Act, has a duty to ensure that no object endangers road traffic safety.
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Therefore, Sanral also issued notices via e-mail on May 25 in terms of the aforementioned Act 7, which allows 30 days to remove both the advertisement and the structure.
Only thereafter, Sanral’s Statutory Control will forward all related documentation to Sanral Legal for further action.
