Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • the_midnight_Wolfboy
    • By the_midnight_Wolfboy 14th Sep 17, 1:27 PM
    • 14Posts
    • 5Thanks
    the_midnight_Wolfboy
    Recently moved into house, dropped kerb application refused. What can I do?
    • #1
    • 14th Sep 17, 1:27 PM
    Recently moved into house, dropped kerb application refused. What can I do? 14th Sep 17 at 1:27 PM
    Hi all,

    Sorry I wasn't sure if this topic should go in here or in motoring

    I recently bought a house in Southall, needs quite a lot of work (as most houses do here), and I thought getting a dropped kerb in front of my house would be a "quick win"

    My application was refused and has today been denied on appeal by Ealing council because my driveway depth is 4.11m, which falls below the 4.20m requirement.

    What frustrates me is identical houses with identical driveways either side of my house have dropped kerbs, in fact the majority of the houses on the street have dropped kerbs with the same driveways.

    They say that there was a recent policy change so the other houses don't set precedent - but surely this defeats the purpose of setting precedent in the first place?

    They cite the reason as a safety concern because of potential protruding vehicles, I can understand their opinion but I do feel that the decision is slightly unfair? Or am I being unrealistic here?
Page 2
    • cjdavies
    • By cjdavies 14th Sep 17, 3:58 PM
    • 2,784 Posts
    • 2,788 Thanks
    cjdavies
    It's no different to Building Regulations.

    These now specify where and how flues from boilers can exit the building and a host of other things.

    When you intall a new boiler (or whatever) you have to comply with the current rules, but your neighbours who installed their boilers before the current rules were introduced can continue using their boilers without altering the flu.

    You can choose to break the law (metal ramp which will eventually get spotted) or whatever, or you can move. Or park on the road. I don't see how you can appeal since you are unable to comply with the current rules.
    Originally posted by G_M
    This, when I had a new boiler it wasn't simple old one out new one in it's place, it had to be moved to meet the current regulation at the time.
    • freeisgood
    • By freeisgood 14th Sep 17, 4:05 PM
    • 491 Posts
    • 753 Thanks
    freeisgood
    How about resessing the section of wall/window by 10cm behind the potential driveway, would that be impossible? Eg level out a bay window...Create a permanent solution to the problem.
    • theartfullodger
    • By theartfullodger 14th Sep 17, 4:37 PM
    • 9,040 Posts
    • 11,959 Thanks
    theartfullodger
    Yes I agree "rules are rules" so it makes it difficult to appeal the decision, but in the Borough there are other driveways approved that have broken rules e.g. not being over 10m from a junction or being less than 4.2m. For example if you google "MZA planning Crossover appeal" you can see a case study of a driveway approved recently which is clearly under 4.2m depth

    I am just trying to be imaginative here and see if there is anything I can do. My user privileges do not allow me to link to websites or images so I can't show pics on here of my drive but I can try and private message them

    Great images of the bollards , definitely something I want to avoid unless I want my own article in the Daily Mail
    Originally posted by the_midnight_Wolfboy
    I admire your optimism but expecting life, councils, the law to be "fair" or "reasonable" is, I hate to tell you, likely to lead to disappointment - or worse things....

    But if this is the 1st time in your life you have been disappointed in this sort of matter, well, lucky you! I've had way, way more...
    • KittenChops
    • By KittenChops 14th Sep 17, 5:12 PM
    • 75 Posts
    • 19 Thanks
    KittenChops
    Yes I agree "rules are rules" so it makes it difficult to appeal the decision, but in the Borough there are other driveways approved that have broken rules e.g. not being over 10m from a junction or being less than 4.2m. For example if you google "MZA planning Crossover appeal" you can see a case study of a driveway approved recently which is clearly under 4.2m depth

    I am just trying to be imaginative here and see if there is anything I can do. My user privileges do not allow me to link to websites or images so I can't show pics on here of my drive but I can try and private message them

    Great images of the bollards , definitely something I want to avoid unless I want my own article in the Daily Mail
    Originally posted by the_midnight_Wolfboy
    (my bolding above)

    There's a pair of semi detached houses on the corner of my street that was built in the last 5 years - no way are they ten meters from the junction... I wonder how that got through? Am off to nose at the planning documents now...!
    • angelin77
    • By angelin77 14th Sep 17, 6:08 PM
    • 38 Posts
    • 21 Thanks
    angelin77
    I am considering installing a car turntable in my drive. I live on a very busy A road and the turntable is the only realistic way I can spin my car to go out of my drive in forward gear. I have seen turntables priced at about £5500 for a 3,8 diameter one (manual) Maybe this could be a solution for you. You may be able to convince the planning people that you can exit your drive in first gear and also turn it to be parallel with the road/house when parked in your drive, avoiding overhang. Expensive option though
    • EachPenny
    • By EachPenny 14th Sep 17, 6:47 PM
    • 2,818 Posts
    • 5,045 Thanks
    EachPenny
    For example if you google "MZA planning Crossover appeal" you can see a case study of a driveway approved recently which is clearly under 4.2m depth

    Great images of the bollards , definitely something I want to avoid unless I want my own article in the Daily Mail
    Originally posted by the_midnight_Wolfboy
    The MZA case study is a planning case which, if the title of the thread is correct, is not relevant to your case.

    It is important to understand the difference between the need for planning consent, building regulations, and dropped-kerb consent. You may need all three to get off-street parking, and all involve different processes.

    The planning consent would relate to the actual driveway area where you park the car. The dropped kerb (and footway alterations) are on highway land which are not overed by any planning consent (or permitted development rights) you have for your driveway.

    The dropped kerb is a highways issue, and in terms of conditions, each authority makes and enforces its own rules. If you believe it has misapplied its own rules then follow the council's complaints procedure and take it to the Local Government Ombudsman. But you won't win just because you don't agree with the rules. MZA are referring to a planning application which a Planning Inspector will consider under appeal - it is not relevant if you've not made a planning application. A Planning Inspector cannot normally overrule a council's decision not to provide a dropped kerb.

    Note the glum expressions of the people in the pictures....

    There's a pair of semi detached houses on the corner of my street that was built in the last 5 years - no way are they ten meters from the junction... I wonder how that got through? Am off to nose at the planning documents now...!
    Originally posted by KittenChops
    Different council, different rules?

    I am considering installing a car turntable in my drive...
    Maybe this could be a solution for you. You may be able to convince the planning people that you can exit your drive in first gear and also turn it to be parallel with the road/house when parked in your drive, avoiding overhang. Expensive option though
    Originally posted by angelin77
    Long-term it might be cheaper for the OP simply to move house. On top of installation there will be maintenance and replacement costs - and when they come to sell the property there will be something 'unusual' in the front garden to spook potential purchasers and their mortgage company.

    Again, it is important to understand this is a highways issue, not planning. Although constructing a turntable may require additional planning and building control consents.
    "In the future, everyone will be rich for 15 minutes"
    • theartfullodger
    • By theartfullodger 14th Sep 17, 10:52 PM
    • 9,040 Posts
    • 11,959 Thanks
    theartfullodger
    I am considering installing a car turntable in my drive. I live on a very busy A road and the turntable is the only realistic way I can spin my car to go out of my drive in forward gear. I have seen turntables priced at about £5500 for a 3,8 diameter one (manual) Maybe this could be a solution for you. You may be able to convince the planning people that you can exit your drive in first gear and also turn it to be parallel with the road/house when parked in your drive, avoiding overhang. Expensive option though
    Originally posted by angelin77
    There's another way:. Reverse in.
    • KittenChops
    • By KittenChops 15th Sep 17, 7:28 AM
    • 75 Posts
    • 19 Thanks
    KittenChops
    Different council, different rules
    Originally posted by EachPenny
    Different council, same rules.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,196Posts Today

6,856Users online

Martin's Twitter
  • I believe I can boldly go where no twitter poll has gone before https://t.co/HA0jC92gAK

  • OK I'm wilting to public pressure and there will be a star trek captain's poll at some point next week

  • I can get that. My order is 1. Picard 2. Janeway 3. Kirk. Too early to say where Lorca will end up (or would you? https://t.co/kawtCOe9RA

  • Follow Martin