crossing footpath to access driveway?

Dan-Dan

Hintza wrote: »

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?

I don`t see your logic , if it wasn`t legislation at the time , then fair enough , but once it becomes legislation , you have to stop doing it , no ?

If not , half the country would be living by different rules to the other half

Furts

Hintza wrote: »

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?

This is not viewing the issue from a technical perspective. The footpath is the Council's land. Under this runs utilities belonging to different bodies. This footpath is built to take the weight of pedestrians. When a vehicle passes over this land damage can occur to the kerbs, path and utilities. Hence the dropped kerb includes strengthening the footpath,ensuring safe kerb heights and a splayed entrance.

If it was your land would you allow this situation, and risk, to persist? Then if damage occured you would be footing the bill for something that you did not cause? I think not!

sajjed

mttylad wrote: »

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.

Had the meeting on Monday.
I live in a long but quiet road none of the houses have H markings in front
I did ask out of curiosity if the dropped kerb would ensure no-one is allowed to park in front of drive, the answer was a drop kerb does not prevent anyone parking there.

sajjed

Furts wrote: »

This is not viewing the issue from a technical perspective. The footpath is the Council's land. Under this runs utilities belonging to different bodies. This footpath is built to take the weight of pedestrians. When a vehicle passes over this land damage can occur to the kerbs, path and utilities. Hence the dropped kerb includes strengthening the footpath,ensuring safe kerb heights and a splayed entrance.

If it was your land would you allow this situation, and risk, to persist? Then if damage occured you would be footing the bill for something that you did not cause? I think not!

but they are allowing it for whatever reason, they are aware people are crossing the path to access their driveways.The employee stood outside my house and made the observation and commented.
I have been more observant to pavements on the road in the last week and some of the lowered kerbs in the road are uneven with cracked pavements,I just hope they make a better job of strengthening paths when I get mine done than the state of some nearby, not a crack in the kerb or pavement as it stands now outside my drive.
the estimate came in the post today under £200 so will be getting the kerb dropped

force_ten

under £200 is a very good price

you said in an earlier post that they were using a 45x45x70 cm that is more likely to be 450 x 450 x 70 mm or 45cm x 45cm x 70mm or 18 inch x 18 inch by 2.75 inches in old money

That is a slab that would be thick enough for traffic crossing it so it so it shouldnt crack

Hintza

Dan-Dan wrote: »

I don`t see your logic , if it wasn`t legislation at the time , then fair enough , but once it becomes legislation , you have to stop doing it , no ?

If not , half the country would be living by different rules to the other half

If a property has used an access for 200 years then they will have a right to access. Even councils can't remove a right to access.

sajjed

force_ten wrote: »

under £200 is a very good price

you said in an earlier post that they were using a 45x45x70 cm that is more likely to be 450 x 450 x 70 mm or 45cm x 45cm x 70mm or 18 inch x 18 inch by 2.75 inches in old money

That is a slab that would be thick enough for traffic crossing it so it so it shouldnt crack

got the measurements wrong altogether there didn't I lol
they are actually 45cmx45cmx7cm as you say

Dan-Dan

Hintza wrote: »

If a property has used an access for 200 years then they will have a right to access. Even councils can't remove a right to access.

Does that right supersede any right the council has to not damage their property in doing so (such as driving over a non dropped kerb) ?

sajjed

this is irrelevant now as I have decided to get the drop kerb but when my house was built pre war (late 1930's) there were not any footpaths, the old lady next door to me has lived there since the houses were built.
the footpaths were built after the war

Furts

sajjed wrote: »

but they are allowing it for whatever reason, they are aware people are crossing the path to access their driveways.The employee stood outside my house and made the observation and commented.

Of course this is correct, and to an extent it is an anamoly. Local people vote in the local councillors and pay Council tax to maintain the paths. It is reasonable to expect people to want access to their drives, so what can the Councils do? There is no way they can, or will, prevent this. This is fine, but some one has to pay for the repairs. This bill is picked up by the local Council Tax payers, who are funding their own damage repairs caused by not following the rules in the first place.