ALTERNATIVE TO IMPOSING OMNIBUS SERVICE SERVITUDES PDA MUNICIPAL FORUM 18 FEBRUARY 2011

TYPICAL OMNIBUS SERVICE SERVITUDE “The owner of the Erf shall, without compensation, be obliged to permit the construction and maintenance of sewer and drains over or under the Erf along any boundary thereof other than a road frontage and within a distance of 1.83 metres from such boundary as well as reasonable access thereto for the purpose of maintenance”

IMPLICATIONS OF OMNIBUS SERVICES SERVITUDE No development possible on at least three of the boundaries of a property Highly unlikely that services will ever be required along three boundaries of a property High probability that no services will be required along any boundary of a property Generate unnecessary applications for alteration or deletion of restrictive condition Unlikely that municipality will not pay compensation if space is required for services to another property Not the least restrictive means of achieving objective

ALTERNATIVE APPROACH Do not impose omnibus services servitudes Ask applicant for plan showing water reticulation in blue and sewer network in red Impose spaces along boundaries of property Provide in scheme that spaces may be relaxed with consent of the municipality Relax if space not required for services and relaxation appropriate after consideration of all relevant considerations

GERT ROOS 14th Floor, North Tower Natalia Building 330 Langalibalele Street Pietermaritzburg, 3200 Tel: (033) Fax: (033) Website: