dropped kerb refusal

[Nelilaurie]

Hello, my council Planning Dept have issued me with a Certificate of Lawfulness to remove part of my boundary wall for the purpose of off road parking. However, Highways have refussed me a license to drop the kerb on the basis of loss of on street parking space and that it would set a precidence for other home owners to follow. These do not appear to be reasons under the Highways Act to refuse, but they are adamant that additional factors like these are relevent. We live in a small terrace of houses, both end terrace houses have dropped kerbs but the middle section, where we will, has not. Highways havealready rejected my view that theiris already a precidence.

Can anyone tell me how to fight highways and get them to change their minds. Their is no appeal procedure and they are supremely arrogant

Thank you

 

[studips]

you used to see a large steel tube bolted to a smaller steel tube and dumped in the gutter to allow you to (yes i know, illegally) bump up the kerb.

could you get away with such a cheeky move?

anyway, has anyone else got one to set a precedent in your road or a similar one?

 

[joinerjohn]

The steel tube idea sounds great, but it will be stolen by *****'s and weighed in.

 

[studips]

The steel tube idea sounds great, but it will be stolen by *****'s and weighed in.

doh!

 

[freddiemercurystwin]

Precedents are not really applicable nowadays, highways policy and pressures on road parking are different nowadays.

 

[big-all]

rather a stupid argument realy the average terrace frontage is around 14 to 20 ft' less than the space required to park a car

i suppose the argument is you drop the kerb then its exclusivley your space and no one else can use it

 

[freddiemercurystwin]

i suppose the argument is you drop the kerb then its exclusivley your space and no one else can use it

Precisely, they may as well allocate you a private parking space on the road.

 

[big-all]

Precisely, they may as well allocate you a private parking space on the road.

although if they can get 2 parking spaces it should be allow as beneficial perhaps??

 

[Nelilaurie]

Thank you for comments so far. I am really looking for a permanent solution and wouldnt be happy to cross the footpath without the dropped kerb licence as I understand that would be breaking the law.

The problem for me is how to fight highways decision? Are there any useful pieces of case law or recommended Highways consultants that understand the ins and outs of all these things and can recommend a course of action.?

Thank you

 

[Nelilaurie]

Hello Chroistmas is over so I am asking again for expertise in this area.
the latest is highways want me to consult widely in the area, rather than just a petition from my terrace which I presented, to get furtherv swupport as some houses in the terrace object. I have pointed out I already have a certificate of lawfulness so neighbour bobjections are irrelevent, but they are very arrogant and weont budge

Any further advice please?

 

[Jackthebiscuit]

Thank you for comments so far. I am really looking for a permanent solution and wouldnt be happy to cross the footpath without the dropped kerb licence as I understand that would be breaking the law.

The problem for me is how to fight highways decision? Are there any useful pieces of case law or recommended Highways consultants that understand the ins and outs of all these things and can recommend a course of action.?

Thank you

And of course, if the kerb isn't dropped, then anyone can still legally park in front of your house.

And if you vehicle damaged any paving stones because you are driving over them,,, then you would be liable to replace them, and more. Also liable if any accident occurred while driving illegally on a footpath.

Not sure about Devon, but I know that London borough of Brent now have more strict rules on this, tho I'm not sure if this is just Brent or a government directive.

 

[UKMICKY]

certificate of lawfulness

Why did you apply for one to remove a wall, you can remove a wall without one .



Are their other dropped kerbs on your street and is it a busy parking wise.

 

[Jackthebiscuit]

certificate of lawfulness

Why did you apply for one to remove a wall, you can remove a wall without one .



Are their other dropped kerbs on your street and is it a busy parking wise.

He has stated the situation in his OP.

He also stated that he lives in a small terraced house. My guess is that highways think that if all the houses in his street had dropped kerbs, then nobody could park on the street at all.

 

[Nelilaurie]

Thankyou Jackthebiscuit, you are correct. The council are concerned that if all houses in our terrace ask for dropped kerbs there would be no parking for others. However, there is ample free unregulated parking in the surrounding neighbourhood. It is only outside our terrace that there seems to be peak demand, posibly due to our location near shops

 

[Ian H]

What about 'residents only parking'?