New build has a drive but council will not allow dropped kerb. Gone through appeals, still no. Now the council are telling me I will have to build a wall across the drive, to stop anyone attempting to park there in the future. The fact that the kerk has not been dropped should be sufficient, surely? Are the overstepping their authority?
Dropped kerb issue
- Thread starter Nobby36
- Start date
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That could be a load of fun and should have been sorted at plans stage. Why is the kerb drop being knocked back?
If there wasn't a wall on the pp plans then don't think council can force you to build a wall, you need to look at any correspondence and see which clause of which bit of legislation they're using to force you to build, then read the legislation and take it from there.
If there wasn't a wall on the pp plans then don't think council can force you to build a wall, you need to look at any correspondence and see which clause of which bit of legislation they're using to force you to build, then read the legislation and take it from there.
Why do people leave access to the site to the end to get sorted. Always surprises me. Dropped kerb rules are usually pretty clearly written and rarely are highways flexible in what they'll approve if it's outside of the criteria. Does the new access meet the criteria or not? If you're not gonna need the drive you can block it off. Or are you?
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Noooooo! Do you think?
The council can not force you to build a wall. A "drive" is just a hardstanding which is permitted under planning regualtions and not controlled by any other law.
So the council can't make anyone build walls around their property. Their only option is to take action if they see a contravention of Highway legislation taking place.
But TBH, I can't see what legislation they could use, considering that people drive on footpaths, and park on footpaths all the time, and the footpath is a highway just like the road next to it
So the council can't make anyone build walls around their property. Their only option is to take action if they see a contravention of Highway legislation taking place.
But TBH, I can't see what legislation they could use, considering that people drive on footpaths, and park on footpaths all the time, and the footpath is a highway just like the road next to it
They can't make you build a wall.
If there is just a kerb and no footway then I don't think there is anything they can do to stop you parking (unless this has been a condition or similar preventing such things).
However under law you cannot drive on a footway. If you are witnessed doing so then you can be fined. So if you can get your car from the road to the drive without driving on the footway there is no issue.
In London a vehicle cannot be on a footway in any circumstance.
If there is just a kerb and no footway then I don't think there is anything they can do to stop you parking (unless this has been a condition or similar preventing such things).
However under law you cannot drive on a footway. If you are witnessed doing so then you can be fined. So if you can get your car from the road to the drive without driving on the footway there is no issue.
In London a vehicle cannot be on a footway in any circumstance.
There has been numerous cases where councils have erected 4" fenceposts set in concrete along disputed acceses. They did it to a new house in Guildford. Took 2 years to resolve it. Another one in brookwood they couldnt get access for some new houses in the end they build another house in road and made access from the other end.
Yes driving over the footway for legitimate access is fine. So if there is a dropped kerb this is acceptable.
If there's no dropped kerb then if you get caught/fined you have to demonstrate a justifiable reason for doing so. This would usually be a one off scenario not for on-going use.
If there's no dropped kerb then if you get caught/fined you have to demonstrate a justifiable reason for doing so. This would usually be a one off scenario not for on-going use.
B
Brigade77
Best bit of advice I ever paid for was the solicitor who told me :
"The council are asking you to do this, if they were telling you they would quote the necessary legislation".
People often confuse the two.
"The council are asking you to do this, if they were telling you they would quote the necessary legislation".
People often confuse the two.
If the council have said that there is to be no vehicle access to the drive there is not and never will be any legitimate vehicle access to the drive way.
As said many councils can and do install bollards when people break the rules about driveways and access to them. They won't intentionally trap a vehicle on an un-authorised drive ( that is illegal ) but they can be "un-sympathetic" about the time they arrive to start the work. That said there have mentions of vehicles being craned over newly installed bollards
A house near here has a turn table for cars, it was either that or reversing into and along a very narrow 50 yard driveway. They are not allowed to reverse out of the driveway onto the highway.
In terms of resolution on this... have the council given a reason for not permitting the dropped kerb - is it for safety / sight lines / reversing onto a main road, etc.? - there may be a way to satisfy/resolve the issue so the dropped kerbs could be installed.
Did your neighbour get their drive resolved - if so how?
Also as a side note it seems strange a drive exists but without proper access. Was it sold by the house builder directly to you as having a "drive" - if so I'd consider legal advice as sounds like it would have been deliberately mis advertised and mis sold. It gets a a bit more complicated if you bought it off someone else as second owner as the seller isn't an "expert" so they could argue they thought it was a drive.
Also, for a new build it is quite unusual for a property to be given permission without any form of parking, unless it is in a central city location or had good public transport connectivity? - Are there any other alternative parking arrangements?
Did your neighbour get their drive resolved - if so how?
Also as a side note it seems strange a drive exists but without proper access. Was it sold by the house builder directly to you as having a "drive" - if so I'd consider legal advice as sounds like it would have been deliberately mis advertised and mis sold. It gets a a bit more complicated if you bought it off someone else as second owner as the seller isn't an "expert" so they could argue they thought it was a drive.
Also, for a new build it is quite unusual for a property to be given permission without any form of parking, unless it is in a central city location or had good public transport connectivity? - Are there any other alternative parking arrangements?
B
Brigade77
Dork spent £1000's trying to sort something similar years ago with access to a field.
This sort of thing cannot be resolved on t'internets 'cos it involves English law, which is based upon 'what a reasonable person thinks'.
And we all know that no such person exists on t'internets.
Dork won his looong battle with t'council & Dork still cries at what it cost him. But it was worth every penny.
I will offer a bounty of £1million of your £pounds . . . if anyone can come up with a law that says it is illegal to drive over a kerb, a footpath, a pavement or call it whatever you will..
This is nowt' more than a very contentious subject . . . that has been re-hashed to drive some traffic to this website.
This sort of thing cannot be resolved on t'internets 'cos it involves English law, which is based upon 'what a reasonable person thinks'.
And we all know that no such person exists on t'internets.
Dork won his looong battle with t'council & Dork still cries at what it cost him. But it was worth every penny.
I will offer a bounty of £1million of your £pounds . . . if anyone can come up with a law that says it is illegal to drive over a kerb, a footpath, a pavement or call it whatever you will..
This is nowt' more than a very contentious subject . . . that has been re-hashed to drive some traffic to this website.
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