dropped kerb refusal

[ironsidebod]

It's illegal to stop on a single carriage way with a solid white line along the kerb (Traffic Signs Regulations Act 2002).

This will apply for the short lines across driveways as they are always demarked correctly with the 90 degree end marker lines. If you can demonstrate to your council serious issues with access to the road/property you can get them painted across your drive which is why some houses have them and some do not.

 

[Jackthebiscuit]

It's illegal to stop on a single carriage way with a solid white line along the kerb (Traffic Signs Regulations Act 2002).

This will apply for the short lines across driveways as they are always demarked correctly with the 90 degree end marker lines. If you can demonstrate to your council serious issues with access to the road/property you can get them painted across your drive which is why some houses have them and some do not.

This is precisely what a neighbour of mine did when I lived in a very congested street in Putney. His was the only drive in the street and he would get fed up with cars parking across his drive ‘for a few minutes’, while they popped into the local store, so he lobbied the council to paint a line across his drive.

After many phone calls and letters they eventually agreed,, and it worked tremendously well as the paint was hardly dry before the first victim was snared. The offending car was promptly ticketed and towed away, all within a matter of minutes. My neighbour should have been delighted, but he wasn’t,,, as it was his car that was removed..!!

More phone calls and letters followed, appealing to the council to waive the penalty and towing fee, but to no avail.

So beware, think twice about requesting to have a painted line across your own drive.!

 

[RedHerring2]

Ours wasn't requested, at least not by us, just done.

 

[Donkmeister]

I can't see what benefit getting the planning permission will give as it is not relevant to highway matters - although highway matters are relevant to the granting of planning permission

Planning Permission is required to have a crossing point on a classified road, I've found this following various phonecalls and letters to get a dropped kerb put in at my house.

The council department who puts them in on side roads told me "your road is a B-road, so you need Highways Approval". I rang Highways, and they said "As it's a B-road, you'll need to get Planning Permission before we can approve."

It's a pain, especially as my road is no busier than most side-streets round here. However, I can appreciate that they have to err on the side of caution to stop people putting dropped kerbs onto major dual carriageways willy-nilly!

OP: have you filled out the relevant certificate on the PP form to state you've contacted the landowner (council or highways)? A very important point that apparently lots of applicants forget is to highlight the area of pavement that will be crossed with the correct statements re. who owns that bit of land.

 

[jeds]

Thank you JEDS

Sadly you are wrong. There is no right of appeal against a decision of the Highways authority.

I can't see what benefit getting the planning permission will give as it is not relevant to highway matters - although highway matters are relevant to the granting of planning permission

If the road is a classified road then Highways will not consider an application for a dropped kerb without planning permission being first granted.

I do remain slightly confused about the position where Planning permission for a vehicle crossover is approved but then highways refuse permission for a dropped kerb. Especially where the planning has been approved by the inspectorate on appeal. I would have thought that highways would then have no choice but I'm not 100% sure about that.

Incidentally, the OP refers to a certificate of lawfulness for removing part of a wall. But this does not seem to me to be permission for a vehicle crossover - which is really a different thing.

Thinking about it; If you apply for a vehicle crossover with dropped kerb then highways would object (or not as the case may be) at the application stage. If you then appeal and it is allowed on appeal I really can't see that highways have any further say in it.

 

[Nelilaurie]

Thanks all.

Just to mop up a few queries from the posts

1. I can confirm the Certificate of Lawfulness was granted to remove part of the wall expressly stating "for the purpose of off road parking". The plans submited showed before and after perspectives, including the creation of 2 car spaces built on permeable standing.

2. Highways tell me that precedence is indeed relevant, yet I agree with comments that it is not and that all decisions should be made on their merits.

3. The planning cases cited are helpful but not closely enough linked to my case to offer realy powerful precedence- How can I find others, since I did a key word search, which failed to even bring up the two examples posted.

4. I am proceding through the complaints procedure which is now at the final level 3 stage. Progress so far suggests they will mearly rubber stamp highways decision.

5. An appeal to the Ombudsman would be pointless based on the reviews of ombudsmans' effectiveness and the campaign to abolish them, hence looking towards an alternative strategy regarding a full planning application

Thanks I look forward to any further guidance

 

[freddiemercurystwin]

Have you had a trawl through lpasengland's website yet? //www.diynot.com/forums/viewtopic.php?p=1905504#1905504

 

[Nelilaurie]

Thanks, avery useful reference file of over 4mb of info. Sadly nothing relevent to my dropped kerb

 

[Nige F]

I did not think that the white lines denoted anything legally enforceable and were purely advisory designed to make people think that they should not park there .... the same as those dashed "disabled" bays painted on the side of roads outside someone's house

May you never need one of those bays