Planning Permission Dropped Kerb

[serpico77]

I applied for planning permission do drop the kerb to my property and have been refused. Still waiting for the final discission letter, but it was refused on 2 grounds:

1. Not enough room;
2. Highways Agency don't like reversing onto a main road;

I am confident that we can prove you can park 2 cars on the paved area and am baffled why they have even come to this conclusion; but am worried about being able to appeal the second point.

Every house in the street has a dropped kerb and no room in their drives to prevent the need to reverse either in or out of their property. The highways agency have found one accident in the road caused by a car reversing. There is also a business (on the corner) who have two spaces at the front of their property.

My intention is to appeal once I get the paperwork, but am wondering what my chance of success would be. All very inconvenient as I am selling the house and the buyer want to see plannign permission before exhanging.

Any advice would be appreciated.

Thanks

 

[freddiemercurystwin]

Unfortunately just because something has been approved before does not mean it will be approved in the future. Your chances of success are highly unpredictable, some things you expect to get approved on appeal do not and vice versa. Are you gonna handle the appeal yourself or seek professional advice?

 

[spongobongo]

Under S184 of the Highways Act (which concerns crossovers and dropped kerbs) I was under the impression that permission is usually only refused on the basis of likely harm to the safety of other highway users i.e. vehicular or pedestrian traffic, not on the basis that there is insufficient room to park two cars.

On the issue of there being a lack of room, are you sure the council is referring to room on your drive? They might be referring to a lack of room to create a crossover that meets the minimum standards (poor visibility splay, presence of trees, other street furniture, too close to a busy junction).

The fact that the Highways Agency doesn't like cars reversing onto the highway seems like a red herring to me. If you already have a lawful driveway at the front of the property and routinely drive across the pavement to park on the driveway, the creation of a dropped kerb is likely to increase safety rather than cause harm.

Just my opinion, though.

 

[Tipper]

I thought it is illegal to reverse onto a main road?

 

[noseall]

I thought it is illegal to reverse onto a main road?

Only in a BMW.

 

[serpico77]

Thanks for your replies.

I too couldn't believe that the highways woman had come to these conclusions. She claims to have visited the property and was unhappy with the space. Somehow she failed to visualize how a car could fit into the space even though you can fit a saab and a focus without encroaching on the pavement and still leave room for the postman.

The most annoying aspect is that the kerb is already incredibly low to start with.

Maybe we have got the jobs-worth. Each application is reviewed in isolation, so the fact that everyone else can reverse and already has a dropped kerb was not part of her decision making process.

 

[seco services]

you've give no details or pic of the front of your property, what do you class as a main road.
ie walls, bushes etc that all come into their outcome answer.

as for what everyone one else has got has nothing todo with your answer.
don't worry what mrs jones etc up the roads got its not your business

 

[Tipper]

Only in a BMW.

How did you know I have a BMW.....jealous eh?

 

[IJWS15]

I thought it is illegal to reverse onto a main road?

Correct

 

[LeakyIdeas]

thats why you reverse into the drive and forward onto the road....
It's safer that way anyway.

 

[hkvic]

I thought it is illegal to reverse onto a main road?

Correct

Nope, only advisory not to.
https://www.askthe.police.uk/content/Q390.htm

 

[jc2501]

The application was not denied due to insufficient space to park, it is determined on whether you can turn your vehicle within the boundaries of your property. The highways agency require you to enter your property by driving in the turn and drive out. It comes into play more when you are accessing an A road from your property.

 

[jc2501]

Just another quick one on this subject, I am a parish councillor and it is the highways agency not the council that make up stupid rules, even when these rules are not being observed elsewhere in the same road

 

[freddiemercurystwin]

I am a parish councillor

You may get some stick on here if you stick around! You have been warned!

 

[jc2501]

Thats ok i'm on here to try to find a way for my next door neighbour who has been refused planning for his driveway to get the decision overturned. The Parish Councils actually have very little power, they can only make observations even if they refuse a planning application the relevant authority has the power to overule them.