Planning Permission refused but I didn't need it - what now?

[pandagti]

Strange situation. I have a maisonette and applied for a dropped kerb and was told I need to obtain planning permission first then apply to the Vehicle Crossings Dept at Enfield Borough Council. So I applied to the Planning Dept but was refused on the grounds that there's a resident permit holder box painted on the road.
Anyway, talking to the Vehicle Crossing Dept they said (and it's confirmed on the Council's own website) that as the driveway was built over 4 years ago and i can evidence it's been used as such, that I don't need planning permission even if it was technically illegal as there wasn't a dropped kerb there already (that's not what they said the first time I spoke to them!!).
So question is, if i just go ahead and apply to the Vehicle Crossing Team as a brand new application would it create a problem that I'd been refused planning permission even though I qualify for not requiring planning permission in the first place ? (note the Vehicle Crossing Team confirmed by email that removing the Permit Holder Box is not problem. My neighbour had it done recently too)
Thanks in advance for any suggestions

 

[LukeB123]

Bit of a strange issue. The driveway issue and the kerb issue are probably 2 seperate things.

The driveway itself (area where you park your car) is probably exempt (doesn't now need permission) because of the 4 year rule. I think from a planning point, that is just ensuring that the driveway is / isn't permeable. If it isn't then you would need planning permission, but because of the elapsed time, it would now be lawful.

R.E. The dropped kerb, that would need permission because you are on a classified road, and that works is classed as development therefore needing a planning application. Unfortunately you will find both the departments probably don't talk to each other / understand each others requirements.

I would hazard a guess that you do need planning permission to drop the kerb (due to why you applied, and why they refused it), but the maintanence guys who want to carry it out don't know / want to get on with a job.

If you go ahead and do it you could apply retrospectively I guess, but as you had an application in for it previously (a refusal) and then you go and do it anyway, I don't think that would sit very well with the planning / enforcement department.

 

[Agile]

It seems to me that they might be a solution if you:-

Apply to highways to move/remove the parking box at your cost ( so that you can afterwards apply for a dropped kerb. ) An argument could be that you want to park your cars off the road which is in the public interest.

If you can achieve that then apply for planning approval for the dropped kerb.

Tony