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crossing footpath to access driveway?

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  • Gloomendoom
    Gloomendoom Posts: 16,551 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    sajjed wrote: »
    I don't know
    I posed the question as I have been accessing my drive and garage for 30+ years along with the rest of the road, the council have been to my property several times for site visits including when the garaga was built and never mentioned I should not cross the pavement
    a I have said previously the council are not saying I cannot cross the pavement they are advising me they may come back on me if the pavement gets damaged

    You are lucky, most councils don't seem to be quite as relaxed...
    It is illegal to drive over the pavement unless there is a crossover

    Bromley Council
    If you do not have an approved dropping crossing you must not drive over the footway. If you do so you are breaking the law and enforcement action may be taken to prevent such use.

    Salford Council
    If you wish to drive a vehicle across the footway to park it on a driveway then you must have a dropped kerb constructed, as it is illegal to drive over the footway without one.
    Rhondda Council
    It is illegal to cross the footway without a certified vehicle crossing
    Milton Keynes Council
  • sajjed
    sajjed Posts: 97 Forumite
    edited 1 December 2014 at 4:55PM
    You are lucky, most councils don't seem to be quite as relaxed...
    for some reason mine are and none of your listed councils above are the council were I live so really not relevant and no point me even looking at them
  • sajjed
    sajjed Posts: 97 Forumite
    edited 1 December 2014 at 5:01PM
    Thanks to those who gave me relevant/helpful advice much appreciated.
    Hold up with council visit on Friday so council representative came today.
    It was acknowledged and the employee said they are aware that some driveways have dropped kerbs or ramped kerbs and others do not. they said they could not understand why all driveways did not have the same.it is also obvious that every household are using their driveways
    there was no pressure put on me in any way at all to have a dropped kerb.
    quote to be put in writing and posted out to me but will be in the region of £200 which seems very reasonable to me.
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    sajjed wrote: »
    Thanks to those who gave me relevant/helpful advice much appreciated.
    Hold up with council visit on Friday so council representative came today.
    It was acknowledged and the employee said they are aware that some driveways have dropped kerbs or ramped kerbs and others do not. they said they could not understand why all driveways did not have the same.it is also obvious that every household are using their driveways
    there was no pressure put on me in any way at all to have a dropped kerb.
    quote to be put in writing and posted out to me but will be in the region of £200 which seems very reasonable to me.

    That is very reasonable and it will be an official drop kerb and you will have the correct permission to cross the pavement

    as for the law
    You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

    if you do not have a drop kerb will it still be classed as a lawful access?

    that is bye the bye and if you do pay the £200.00 then it will all be official
  • sajjed
    sajjed Posts: 97 Forumite
    it is going to be £200 -ish so maybe a little more but still reasonable.Plus it will put an end to any possible future problems, I was expecting a lot more.
    The pavement is maybe around 3ft from my drive to the road so maybe that is why its cheap plus they are replacing the pavement anyway.
    The employee did not tell me I was not allowed or it was unlawful to enter my driveway, It was stressed to me it was my decision to decide whether to go ahead with the drop kerb or not.at no time was it said I could not access my driveway without the drop kerb.The employee said the quote will be sent out and then for me to contact them if I want to go ahead with it.
    It just makes me wonder why the approach from the council is so relaxed if I am acting illegally
  • Dan-Dan
    Dan-Dan Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    That`s what i referred to previously , if they are so relaxed about it , why would you pay them anything?
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • sajjed
    sajjed Posts: 97 Forumite
    Dan-Dan wrote: »
    That`s what i referred to previously , if they are so relaxed about it , why would you pay them anything?
    a couple of thousand I wouldn't have paid it
    a couple of hundred is not so bad if it is going to do away with any future possible problems.
    but that is the question will I or will I not have future problems lol.
    As I cannot see into the future it might just be the easiest way to pay then its over and done with.
  • Dan-Dan
    Dan-Dan Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would , as you say , negates any future problems , after all , the people within these departments change all the time , could be a problem in time to come
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • mttylad
    mttylad Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Are they also going to paint white H markings too? ask them that at your meeting and see if you can blag that off them.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Isn't the bottom line that it is actually illegal to drive over a pavement unless there is a dropped kerb?

    When though did dropped kerb legislation come in?
    If it was not a requirement at the time of house build and/or garage build surely they can't enforce retrospectively. If the legislation was in force then I imagine the OP will have to pay, hopefully at a reduced rate.

    I suspect a solicitor might help but will that work out cheaper in the long run?
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