drop kerb problems

fimblej

Hello all,

not sure if this is the correct forum for this. I bought a house a few weeks ago and had to buy the title deed for the garage and front drive separate. As the seller for some reason did not own it, the council did. As a result of this there is a parking bay infront of my drive way.

I've informed greenwhich council and they have sent me an application asking me to pay £1150, which to be honest I do not want to pay as I'm currently doing up the house. Is there some way I can ask them to put the drop kerb in for a reduced price/ through legal action as they are blocking access to my land.

Any help is greatly appreciated.

browneyedbazzi

If there isn't an authorised vehicle crossing (ie a properly installed dropped kerb) then you don't have a right of access so they aren't blocking access. The £1150 will be the cost to install the drop kerb and give you an authorised access.

Some councils will offer residents reduced price dropped kerbs if they are done at the same time as they are re-doing the pavements on the road. Otherwise it is very unlikely that you will be able to get them to do it at a cheaper price. You may be able to get a permit for the work from the council and contract another party to carry out the work - which may work out cheaper. That said you have to be careful about who does the work and ensure it is done to the correct standards as otherwise you'll have to pay to have it all corrected.

Gloomendoom

browneyedbazzi wrote: »

If there isn't an authorised vehicle crossing (ie a properly installed dropped kerb) then you don't have a right of access so they aren't blocking access. The £1150 will be the cost to install the drop kerb and give you an authorised access.

OP, I think you may need to think carefully before threatening the council with legal action. If you are currently driving over a footpath without a dropped kerb to gain access to your land, you are committing an offence and the council could take enforcement action against you.

Chrisblue1962

I wish to add that the OP cannot sue his local council as they are not restricting access to his property, they are merely exercising their rights as the highway authority by insisting that motor vehicles only cross the footway if the footway has been suitably modified to allow for the extra weight of any vehicles.

Secondly, only the local authority or their nominated contractors or permitted third parties, such as utility companies, are allowed to work in the highway i.e. you can't do it yourself. This is to ensure quality of work and prevent any subsequent trip liability issues.

mttylad

£1150 - that's about average for a dropped curb.

If you cannot afford it now, arrange with the council to do it next year or when you can.

tony6403

Gloomendoom wrote: »

If you are currently driving over a footpath without a dropped kerb to gain access to your land, you are committing an offence and the council could take enforcement action against you.

Not disagreeing with this line, but it has become the norm to mount kerbs in order to park cars, as if they were in designated parking spaces, fully on the footpaths. They park that way as a matter of routine.
It really pi**es me off to have to walk in the road to get past these obstacles.
Around here no action is ever taken by the Police or the council.

browneyedbazzi

tony6403 wrote: »

Not disagreeing with this line, but it has become the norm to mount kerbs in order to park cars, as if they were in designated parking spaces, fully on the footpaths. They park that way as a matter of routine.
It really pi**es me off to have to walk in the road to get past these obstacles.
Around here no action is ever taken by the Police or the council.

Parking on footpaths is commonplace in a lot of areas around the country - but the OP is in a London Borough and enforcement in London is different to the rest of the country. Local authorities in London tend to be very hot on enforcement (some would say over zealous and milking the cash cow).

Also, technically, mounting a kerb and parking on the foot path is a different offence to crossing over the footpath in a vehicle where there isn't an authorised vehicle access (vehicular trespass). The enforcement for the two offences is different.

cattie

Greenwich council have a standard charge for putting in a dropped kerb. You will not be allowed to get it done yourself. You need to use the people they use (forget the name of the company now). If you do it yourself & then the council find out, you will get an efforcement notice to put things back as they were originally & then have to pay them if you want a dropped kerb again.

Nobody likes having to pay for these things, but everybody who wants a dropped kerb has to pay. Driving up a kerb to access a parking spot or garage just damages the pavements, which can be very dangerous & cause accidents to people walking along the road.

trollopscarletwoman

cattie wrote: »

Greenwich council have a standard charge for putting in a dropped kerb. You will not be allowed to get it done yourself. You need to use the people they use (forget the name of the company now). If you do it yourself & then the council find out, you will get an efforcement notice to put things back as they were originally & then have to pay them if you want a dropped kerb again.

Nobody likes having to pay for these things, but everybody who wants a dropped kerb has to pay. Driving up a kerb to access a parking spot or garage just damages the pavements, which can be very dangerous & cause accidents to people walking along the road.

I think your right. My drive has a dropped kerb. Herringbone extends to road. Recently next door neighbour had an extension built. Planning fella remarked on him driving over kerb onto hardstanding-illegal. They were allowed to alter my herringbone to suit his new drop because apparently it doesn't belong to me-its the pavement.


Which is slightly worrying because water board just dug some of it up to replace pipes.

natnhay

Just had a quote for dropped kerb,which consists of 5 flat and 1 dipped kerb.£942.00

ic

Councils can be fickle about this sort of thing:

http://www.hulldailymail.co.uk/Bollards-Council-blocks-baffled-couple-s-driveway/story-19534935-detail/story.html
http://www.dailymail.co.uk/news/article-524838/Cars-trapped-illegal-driveways-council-fits-bollards-middle-night.html
http://news.bbc.co.uk/1/hi/england/london/7251333.stm