Dropped kerb refused by highways? Help to appeal?

[Elise]

Removed

 

[JBR]

Tell them that, rather than reversing OUT of your drive, you intend to reverse IN and drive out in a forward direction!

If, like councils seem to behave these days, they refuse for some other reason it might be an idea to place some bevelled wood on the road at the edge of the pavement and sod the council!

 

[u587162]

Try speaking to your local MP and councillor and possibly the local press.

I can imagine how difficult this will be.

 

[freddiemercurystwin]

If the kerbside is choccablock full of parked cars then it seems to be a reasonable assumption that reversing out could pose a danger to pedestrians and other motorists. Just because many others take that risk in your road already does not necessarily mean you should also be able to. Most highways departments have a chunky set of documents by which the design of any new roads or access on to them are determined. Precedents with regards to highways hold little sway. There are hundreds of thousands of highways and driveways etc in existence today in the UK that would never be allowed under current rules. They have applied the same here, as highways have seemingly made a decision that is in keeping with their policy I doubt an inspector would allow an appeal. However you can give it a go, no one can really predict what an inspector will say, your argument that it will be no worse than any other access in your street and that you have a more pressing need than others (and the medical justification for it) would be your reasoning, never say never ....

Apologies if you have already explored this avenue (excuse the pun) but had you considered applying for a blue badge and then a disabled space outside your house? I know the criteria by these things are decided varies greatly from authority to authority.

 

[Nakajo]

I'm not really sure what you want help with!!

I think you have a decent case. So, make an appeal to the Planning Inspectorate. There are no certainties, but I think there is a fair chance that the Inspectorate will be sympathetic to your case.

You have a choice of methods for the appeal. The Inspectorate will encourage you to adopt Written Representations, but if you think a face-to-face meeting will help, then try to insist on that method (Hearing).

 

[Elise]

Removed

 

[OwainDIYer]

Anyway we have been told that it is refused due to the disruption to the free flow traffic and that reversing out of a drive onto the road could cause potiential hazard to drivers and pedestrians. (policy AM7)

Would it be acceptable if you had a turntable installed so you could drive forward both in and out?

http://www.carturntables.co.uk/

(Other manufacturers are available)

Obviously you need the width of the car available at some point to install the turntable.

 

[Nakajo]

Why are you telling us? Tell the Inspectorate! A Planning Appeal is a very straightforward process. The Appeal itself is free. Mention all of what you've described above in your written statement.

 

[JBR]

Obviously, over the weekend you will not have had the opportunity to speak to your MP but, with a general election coming up, I suspect he/she might be willing to listen to a voter! If not, hopefully there will be a UKIP candidate standing in your area!

In my personal experience, it is often not worth speaking to council officials. Most bureaucrats are interested only in ticking boxes, and their intelligence doesn't extend to making individual decisions. However, perhaps appealing through the routine channels as a first step may result in the outcome you are hoping for.

 

[freddiemercurystwin]

JBR, you are an embarrassment to the forum, if you must post on the forum, please keep your useless drivel to the GD section.

 

[gregers]

the trouble with trying to obtain a disability bay outside your house is,any person with a badge can use it,so theres still no guarantee you will have a parking space outside.

 

[JBR]

JBR, you are an embarrassment to the forum, if you must post on the forum, please keep your useless drivel to the GD section.

You are a happy chappie, aren't you Bean?

 

[candy1567]

@gregers

with a disability bay outside your door, their is a metal plate attached either to your wall/on a pole stating the disability badge number of who is allowed to park there.

only that badge is allowed to park there, but as with ignorant ppl of today, this is no guarantee of a parking space!!!

Juliex

 

[Elise]

Removed

 

[Nakajo]

Applicant’s personal circumstances are normally considered 'non-material' (i.e. irrelevant) "unless exceptionally and clearly relevant, e.g. provision of facilities for someone with a physical disability". The Inspectorate would have to take a view on this. Obviously, under these circumstances, a letter from a doctor would be extremely helpful.

Any information that a body like the National Autistic Society might have as regards to precedent, and/or the importance of driveway provision would also be immensely helpful.

There may be some historical precedent, but I think it extremely unlikely nowadays that a Local Authority would attach a non-enforceable condition to a Planning Permission. That said, a statement about expected use, with evidence (e.g. a log book/calendar) would also be useful.