New Driveway Law 1st Oct 2008

Jay777_2

Hi,

this is my first time on this forum! Wondering if anyone has been through the same thing as me and my husband re this new driveway law that came into effect on 1st Oct 2008.

We had planned to do our driveway last year and called our local council. They said we did not need planning premission and we only need to notify them when we want to lower the Kerb. So in Feb 2008 we started relaying our driveway. Once the work had completed we waited till we had saved up to pay for the lowering of the kerb. In Oct 08 my husband put in the application to lower the kerb. The council told us we need to change our driveway so meets the new policy. We told the council that the work had been done before 1st Oct 2008 but they informed us that they had implemented this new policy early in April 2008! which we did not know about!
It has been three months and we are still no where near resolving the problem as the council insist that until we dont change our driveway they will not lower the kerb!

We are arguing that there was no such policy when we started work on our front garden so how can we comply with it. I have had my councillors involved wrote letters but still no getting anywhere. They are saying we put in an appliaction to lower the kerb in oct 08 and by then the policy was out but we are saying how does that still affect work doen to driveway as when the work started there was no policy in place!

Has anyone elese faced something similar?

I have just been made redundant and am in no financial position to make any alteration to my driveway.

Can anyone shed some light that may point us in the right direction to continue fighting for our rights!

thanks

Jay

Judith_W

I would recommend you move your post for a better response. Perhaps house buying, renting and selling or consumer rights.

Unfortunately I'm quite new too so can't tell you how to!

mluton

Most people just give a few quid to the gypsies to do it. Wink!

shell1000

I think you are referring to the permeable surfacing legislation that came in last year from Central Government

Search on sustainable communties for permeable surfacing in google and it should bring up the correct documentation.

As far as I am aware, you need to demonstrate a sustainable drainage system, adequate drainage or permeable surfacing for a driveway otherwise you need planning permission for your new driveway.

It's all about not causing localised flooding apparently.

I hope this helps

maninthestreet

Did you just relay an existing drivway, or pave over some, or all, of your front garden? If the former, then no planning permission is required. If the latter, then no planning permission would be required if the work commenced prior to the 1st October 2008. It's not clear why your local concil thinks they can arbritarily introduce new regulations 6 months before they became law. Write to your MP about this.

Jay777_2

Thank you for all your help and getting back to me.

Our front garden was all covered with grass and hedges and there was no parking space so we decided to pave it all over. We contacted our council couple of months before we started work to see if we need planning etc. They said no and also at the time there was no Premeable legislation in place (as this was not due to come in effect untill Oct 08). But our council decided to implement this policy in April 08 (which by then work had already started on my drive) and are now asking us to comply with a policy that was not in place when work started on our drive.

Getting in touch with my MP is my next step as I have gone through complaining through council and getting no where. I have even got in touch with my local papers and now thinking of going round speaking to as many residents as i can. I am sick of the way these councils get away with things!

But to all who replied thank you so much.

planning_officer

maninthestreet wrote: »

Did you just relay an existing drivway, or pave over some, or all, of your front garden? If the former, then no planning permission is required. If the latter, then no planning permission would be required if the work commenced prior to the 1st October 2008. It's not clear why your local concil thinks they can arbritarily introduce new regulations 6 months before they became law. Write to your MP about this.

Not so I'm afraid. Even a replacement drive requires planning permission if it is located between the house and a road and exceeds 5 sqm in area- unless it is porous, or allows for natural drainage to a porous or permeable surface within the curtilage.

planning_officer

Jay777 wrote: »

Thank you for all your help and getting back to me.

Our front garden was all covered with grass and hedges and there was no parking space so we decided to pave it all over. We contacted our council couple of months before we started work to see if we need planning etc. They said no and also at the time there was no Premeable legislation in place (as this was not due to come in effect untill Oct 08). But our council decided to implement this policy in April 08 (which by then work had already started on my drive) and are now asking us to comply with a policy that was not in place when work started on our drive.

Getting in touch with my MP is my next step as I have gone through complaining through council and getting no where. I have even got in touch with my local papers and now thinking of going round speaking to as many residents as i can. I am sick of the way these councils get away with things!

But to all who replied thank you so much.

I think your Council may have served an Article 4 Direction, which removes permitted development rights for certain kinds of development. Prior to 1 Oct, all driveways were permitted development, irrespective of whether they were porous or not. However, if the Council remove permitted development rights (which they are perfectly entitled to do) then they can insist any replacement drive is porous (provided they have a policy saying this).

It's fruitless writing to your MP if this is the situation, as the Council have done nothing wrong - however, if, like you say, the driveway had already been commenced before they introduced this, you may have a point. You need to find out exactly when the Article 4 Direction was made if one has been served (you may find out it was before you started the drive).

david69_2

what about if say you already had a brickweave drive which was laid many years ago and you decided to replace the bricks with new ones ?
also if you say started relaying it last year but hadnt finished it yet coould you still complete it without planning

Oblivion

mluton wrote: »

Most people just give a few quid to the gypsies to do it. Wink!

And in a wink the lead has disappeared from your roof along with your garden tools. :rolleyes:

Dave.

planning_officer

david69 wrote: »

what about if say you already had a brickweave drive which was laid many years ago and you decided to replace the bricks with new ones ?
also if you say started relaying it last year but hadnt finished it yet coould you still complete it without planning

Should be able to complete it if already started before any Article 4 Direction was served.

Any replacement hardstanding - be it tarmac, paviours, bricks, cobbles, gravel etc.. requires planning permission if it is located between the house and a road and exceeds 5 sqm in area, unless it is porous or allows for natural drainage - i.e. slopes!