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New Driveway - How to obtain permission under LDC

Discussion in 'Building Regulations and Planning Permission' started by bauk, 16 Jul 2021.

  1. bauk

    bauk

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    Dear all,

    I am a home owner and have lived in my house with my family for over 10 years. I would like to have a driveway installed in my front garden, but it requires the council to approve and installed a dropped kerb and crossover. They will only install the dropped kerb when they have written confirmation that the crossover will be lawful (I assume that means applying for an LDC).

    I've looked over the guidance notes and my property is outside of an restrictions that requires planning permission. However, I understand that the hard standing construction if above 5m2 should be of porous material or drainage installed to direct water to a soakaway. Also if the front wall needs to be removed or altered cannot be higher than 1m tall.

    Our plan is to use porous material as the hard standing area will higher than 5m2, but less than 28m2. We are undecided whether it will be permeable block paving or Resin bound or a combination of both. The front wall is under 1m tall and this will be removed to create vehicle access.

    Looking at the LDC application form can someone advise the sections that need to be filled in? Specifically section 7 which covers Grounds for Application. I'm assuming that I ignore the section for Information for Existing Use(s)? I'm a little uncertain about the subsection Information About the Proposed Use(s) as it covers 'Use Class' and I don't know my application fits into a class use. It goes on to also ask Why I consider that a LDC should be granted for my proposal. Do I just ignore this entire section as I had conflicting information on this.

    Under section 8 of the LDC application I'd like to know how much detail needs to be given describing the work and materials used? The reason I ask is do I need to have a completed finished plan of my front garden or is it enough to provide information of the use of porous materials, construction of the sub base and removal of front wall under 1m in height?

    I looked for an example of a filled in LDC to understand how it needs to be filled in, but could find anything.

    I would really appreciate any help to get my ducks in a row and get through this process quickly.


    Thank you in advance.
     
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  3. mikeey84

    mikeey84

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    You have assumed you need an LDC. Have you actually confirmed with the council that this is the case?

    My situation was different, but all the council needed to know was the dimensions of the proposed drive
     
  4. bauk

    bauk

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    Hi Mikeey84,

    Thank you so much for your reply. I questioned this as well and I tried to get a straight answer from the council. The team that deals with the dropped kerb need written confirmation from the Planning Service that the crossover and any associated works including a hardstanding are lawful or that they have the benefit of planing permission. See link under the Planning Permission section.



    I've tried to call and email the team that deal with the dropped kerb application, but they never answer or return my call, or answered my email. I've managed to speak with someone in the Planning Service (not a planner) who said that the LDC was proof that the work was done lawfully. I was told on the phone that I didn't need to fill in section 7 as it didn't apply to me, but subsequently I got a reply to my email from the planning service informing me I did need to fill in that section.

    Some years ago I did apply for a dropped kerb and was successful, but abandoned moving forward with it because I was going around in circles. I actually looked to take the headache away by using a 3rd party service to apply on my behalf, but at £800-1700 seems disproportionate to the cost of the driveway.

    I just wish there was an example/sample of the form to show the type of information required and the level of detail. That would at least help steer me in the right direction and I'd know what was expected.

    Thanks!
     
    Last edited by a moderator: 16 Jul 2021
  5. mikeey84

    mikeey84

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    I'm lost. If its your drive that is the issue, write to them saying that you plan to use a drive fully compliant with SUDS, which should be permitted development.

    What is the reference to crossover?
     
  6. bauk

    bauk

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    Well at the moment I have a front garden with no driveway, crossover or dropped kerb. I’d obviously like to apply to get this done.

    I included a link in my previous post but it didn’t seem to get published so I’m going to just paste it in as text.
    www.wandsworth.gov.uk/roads-and-transport/streets/dropped-kerb-and-driveway-marking/dropped_kerb_guidance/

    The documentation on the page says that the crossover and the associated work requires written confirmation from the planning service that it is lawful (under the planning permission section).

    So I realise now there are two sets of criteria to be lawful. The property needs to be outside of the following conditions for a lawful crossover:


    It is in an Article 4 Direction Area
    It is in a conservation area
    It is a listed building;
    It is on a classified A or B road
    It is a flat, maisonette or a business
    A boundary wall over one metre high is to be altered
    It is proposed that a tree protected by a Tree Preservation Order is to be removed
    It is within Transport for London Road Network (TFLRN) and is maintained by TFL

    The second set of criteria relates to the hardstanding and surface materials. Anything above 5m2 has to be made of porous/permeable material with a sub base that also allows water to drain through. Alternatively you make provisions to direct water to run-off to a permeable area.

    I'm assuming that all of this can be confirmed in an LDC application and used as confirmation to the work to commence to lower the kerb and install the crossover.

    I've now asked the planning service what options I have to get written confirmation that my case is lawful.


    Thanks!
     
    Last edited by a moderator: 17 Jul 2021
  7. mikeey84

    mikeey84

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    That is a lot more involved than my local council, but I live in the provinces rather than the big city, so I suppose they can afford to be a bit more relaxed!
     
  8. bauk

    bauk

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    Tell me about it… it is almost as though the council don’t want you to go through and install a driveway. :)

    I can try and attempt to fill in the LDC application, but I’m fearful that I won’t include everything they require which will cause delay. I’d like to get this done this summer/autumn.
     
  9. ^woody^

    ^woody^

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    Im totally confused.

    You don't have to apply for a LDC. You just build, or say you are going to build the drive to conform to the PD criteria.

    You just apply to the highways dept for them to form the dropped kerb, or the planning dept if the road is classified.

    It's not hard.
     
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  11. bauk

    bauk

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    Woody,

    When I embarked on the journey to get my own driveway installed in my front garden, I was with the same mindset as you that it would be easy as long as I made sure I confirmed to the regulations for a hardstanding and I didn’t need an LDC. However, it isn’t as simple as I first thought.

    If you read through the link you’ll see that the dept that is responsible for lowering the kerb and installing the hardstanding will NOT commence work until the have written confirmation from the planning service that my crossover, hardstanding and any associated work is lawful.

    Therefore they will NOT accept my confirmation I followed the rules. If they require this written confirmation how else would I obtain that from the planning service?

    I believe they have this process in place to ensure that homeowners comply with the rules otherwise your driveway will have not access, crossover or lowered kerb. The only way I suppose to achieve this is by an LDC.

    Unfortunately the team that deal with dropped kerb have not called me back or answered my emails.
     
    Last edited: 17 Jul 2021
  12. ^woody^

    ^woody^

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    You supply the PD criteria in writing confirm that PD rights exist, and a statement that you wil conform with it. There is no requirement to submit a LDC.
     
  13. ^woody^

    ^woody^

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    And to clarify, access to a council service can not be dependent on first accessing a different and fee- dependent/income generating other council service when there is no statute or bye-law requiring it.
     
  14. bauk

    bauk

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    Woody,

    Thanks for providing this.. to me then the council are just generating business/income for themselves for something that a homeowner should be able to do under permitted development.

    However, I’m not sure what to do next? The council have obviously set this up to get you to get an LDC. Ultimately I want to get a driveway installed with a dropped kerb and crossover with the least amount of hassle or time wasted.

    Thanks I really appreciate you taking the time to respond and share this info.
     
  15. ^woody^

    ^woody^

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    You would submit the official PD criteria along with a statement that you will meet it. Or build the drive and invite the council to inspect it.

    Failing that use the council's complaints system and if need be take it to the ombudsman.
     
  16. bauk

    bauk

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    Great thank you for your help. I’m going to see first if I’ll get approval for the dropped kerb. Apparently I’ve now heard that the council are taking 8 weeks or longer for this part which should be 4 weeks.
     
  17. ^woody^

    ^woody^

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    Perhaps the tarmacers are working from home - as that's a popular excuse nowadays as to why anyone at the council is not doing their job on time.
     
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