Montclair trucking operation causes turmoil

A PREVIOUSLY vacant plot of land has mushroomed into a trucking depot in Montclair and has the community concerned and unsettled.

The operation is said to have been running for about three months and is situated in the middle of the residential area, opposite Durban Wanderers Sports Club. Heavy-duty trucks including, 16-wheelers loaded with containers, are often seen coming into the open field daily. They also use a route along Mowat Park High School which is frequented by learners and many pedestrians.

Community members have also expressed concerns of speeding trucks, by-law offences and damage to infrastructure including an electricity box that was knocked over by a truck leaving the affected area without electricity.

“This operation started on a very small scale and the community barely noticed it. We would just see trucks every now and then. Then it grew and now it’s a full-time trucking operation. I live on Blamey Road and this is the route they use, which is adjacent to Mowat Park High School. The noise factor is also another problem. You have four heavy-duty trucks following one another and speeding on a residential road, disregarding the speed humps. There have been serious motor vehicle accidents on that road, now if a 16-wheeler truck were to lose control it would take a couple of houses out. This is going to kill our infrastructure. By-laws are being transgressed and someone needs to enforce this. Residents also need to come together to fight this problem by reporting it instead of just being complacent,” said resident, Sundran Pillay.

Another resident, Nkululeko Duma, shared similar sentiments, he said, “As far as I know there shouldn’t be trucks coming in and out of a residential area, as frequently as these do. We have more potholes now than before. I have working hours that run from 01:00 to about 07:00 the whole time, the trucks are up and down, making noise, damaging the roads. Since they have been here, there was a break-in where 18 tyres were stolen from the depot and the robbers hopped over our sports club to get away. So in addition to breaking by-laws, this is also attracting criminal activities. It is big nuisance. Moving forward I don’t know what we’re expected to do if authorities don’t follow suit. If this carries on we’ll be in a similar situation as Clairwood and we don’t want that. ”

“The open field is land that was part of Durban Wanderers Sports Field because it wasn’t being utilised, the club decided to sell it and used the funds for renovations and upkeep. The land was sold to the owner of a nearby lighting company, Nevon Singh,” said ward 64 councillor Gavin Hegter.

This was confirmed by the club’s chairperson, Mitty Chetty who said the land was sold five years ago and Singh was the custodian of it.

“Apparently he had plans to use the land for a housing development project but instead it stood empty. I don’t know any details behind that. However, about two months ago, all these trucks moved in and it turns out that he has rented out the land to a friend of his to run a trucking company from there,” added Hegter.

The councillor explained that the land is not zoned for this as it is in a residential area the roads are just not conducive to heavy vehicles coming in and out. “I have referred this to the various departments including land use department, being the one that decides and enforces laws for the use of land according to purposes it’s not zoned for. Unfortunately, that is a very slow process. The department is supposed to come into the area and issue this truck operation with a notice to seize trading. If the company fails to do so, the department can then apply for a rates increase significantly, which very often acts as a deterrent. But you’ll find in a case like this, even increasing those rates will probably still work out cheaper than if the company went and rented a commercial property this size.

“In such a case, Land Use Management would have then reached the end of its role and then hand the issue over to law enforcement who then has to get a court order against the company ordering them to stop. Sadly, in the city that is where things break down because the enforcement department is overwhelmed and understaffed. We end up not getting any results when the matter goes to them as there is such a massive backlog.

“In this particular case, the land use department has put it down that an inspector is to come to the site. I am awaiting an update. There seems to be no urgency from the city to address this. We have huge trucks traversing through these residential roads 24/7, even with the curfew and that’s a problem. This business is operating illegally, it is as simple as that and the city is dragging its feet in doing anything about it.”

In an unofficial statement in a thread of emails seen by the SUN, the Land Use Management confirmed that, ‘There was a 2017 Special Consent on a portion of the site for a social hall on 210 Anleno Road which is zoned Limited Commercial. Trucking is not permitted on Limited Commercial zoned property.”

The trucker’s response:

One of the trucking operation’s owners, Irvin Naidoo said the business is run by a group of owners and that it was originally based in Clairwood. “We were faced with a difficult situation last year as a company. There was an increase in theft from the sugar boys in the area who were constantly targeting our business. On top of that security threat, Covid-19 hit us badly financially. We almost had to close our business down. Fortunately, after making contact with Singh, we were able to reach an agreement to operate our business on his land until we find our feet again. This would only be for a few months. We are causing no harm to the community nor do our trucks carry heavy loads. This is a temporary arrangement and we only ask that the residents bear with us in the time being.”

Singh, who admitted to buying the land but said he does not legally own it, confirmed to have an agreement with the company, adding he had no financial gain from it and was only assisting a struggling business. “One of the owners approached me because he needed a place to run his business until he sorts himself out.”

Law enforcement responds:

Metro Police spokesperson, Parboo Sewpersadh, explained that truck companies need to get consent from the Land Use Management Department before they can take up occupancy in an area, especially a residential one. “Once they have that go-ahead, the company owners need to go to the councillor and the community and inform them of their plans to operate such a business in the area. The owner needs to note the concerns of the community and all potential problems need to be considered. In this Montclair case, I don’t know if the process was followed and it appears the community wasn’t consulted. This is a problem that has been compounded by other departments. Now Metro Police must distinguish it. The community must now report the issue to the CPF where Metro Police is represented and it will be escalated from there.”