Recently moved into house, dropped kerb application refused. What can I do?

the_midnight_Wolfboy

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?

PasturesNew

I think you're being unrealistic. Yes, people did it in the past. Now they have a strict criteria and you fall short of it by a small amount - but rules are rules.

The rule was created as they believed there was a need, therefore the rule needs to be followed from the date it was started. They can't go back and make the neighbours remove their kerbs because when they did it it was allowed.

A precedent is not something in law ... just a clue/indicator as to whether you MIGHT be able to also do something - but, the current rules at the time you try to do something will be taken into account, not the old rules that were in place when others did it.

Who measured the gap? Is it 100% correct? Can you find/squeeze the 0.1m required?

spadoosh

Can you not just drive up the kerb? All be it a bit slower than you would a dropped kerb.

the_midnight_Wolfboy

Unfortunately I can't drive up the kerb as that is an offense punishable by fine in the Borough of Ealing, also cars could then park infront of my drive and block me in.

My options are:
1) Stop complaining
2) Speak to a local councilor
3) Appeal to planning inspectorate
4) Find driveways approved recently with a shorter depth and use those as leverage
5) Drop the kerb myself and hope it doesn't get noticed / reported for 4 years

PField

Don't think 5) is a good idea and I don't think 4 years will save you either as it not alteration to your property.

davidmcn

the_midnight_Wolfboy wrote: »

My options are:
1) Stop complaining
2) Speak to a local councilor
3) Appeal to planning inspectorate
4) Find driveways approved recently with a shorter depth and use those as leverage
5) Drop the kerb myself and hope it doesn't get noticed / reported for 4 years

6) Move the house further away from the kerb.

sheff6107

Buy a metal ramp!

the_midnight_Wolfboy

Option 6 seems semi feasible, I could tarmac my driveway 9cm further out, or based on Pythagoras theory if I build enough of a slope I could fit in 4.20m ..I think I would need a slope that goes 1.05m high...

teddysmum

sheff6107 wrote: »

Buy a metal ramp!

That would not grant right of way across the pavement.

rentmekid

every problem has a solution.


can you send a picture of your driveway

bouicca21

When I was looking at a house a few years ago I investigated the likelihood of getting a dropped kerb. The council had a similar policy. There were also other considerations about street furniture and visibility. Yes older drives were not compliant but new ones had to be. I think you're stuffed.