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

AdrianC

moneyistooshorttomention wrote: »

Or - going right back to the basic message - the vendor has "done one" on OP. They probably knew/should have known about the Council enforcing regulations to stop (part) pavement parking and their drive didnt qualify. Followed by they deliberately didn't let on....

I wonder what else the vendor didn't tell the OP.

Perhaps they forgot to mention there was no river-front mooring rights? Unlikely to get planning permission for a new airport, since the runway's a bit short? No substantial deposits of gold?

Margot123

Do you have a disability, or have a frequent visitor that has a disability?

You may be able to appeal on the grounds of restricted access for disabled persons. Perhaps that person would be liable to injury if they were to trip on the kerb getting out of the car. Councils have to make reasonable adjustments in such cases.
Take photos of said person struggling to get out of the car, negotiate the kerb and pathway, and anything else on council property.

moneyistooshorttomention

The phrase "reasonable expectations" comes to mind. One would have a "reasonable expectation" of being able to use a drive as a drive. Even as a non car-owner, then my "reasonable expectation" would be that those of my visitors with a vehicle would be able to drive up into my drive. It looked like a drive - so I'd expect it to be a drive.

AdrianC

moneyistooshorttomention wrote: »

The phrase "reasonable expectations" comes to mind. One would have a "reasonable expectation" of being able to use a drive as a drive. Even as a non car-owner, then my "reasonable expectation" would be that those of my visitors with a vehicle would be able to drive up into my drive. It looked like a drive - so I'd expect it to be a drive.

Except for the minor detail that, no matter how much you wish it was, it simply isn't a driveway for a motor vehicle - a quick glance at the lack of dropped kerb tells you that.

You can call it what you like - a patio, a runway, a drive, a helipad - but it's a tarmacced bit of front garden. No more, no less. You can put your wheelybins there, your bicycle, whatever you like - but you definitely cannot put a motor vehicle there. Not legally.

davidmcn

moneyistooshorttomention wrote: »

The phrase "reasonable expectations" comes to mind. One would have a "reasonable expectation" of being able to use a drive as a drive. Even as a non car-owner, then my "reasonable expectation" would be that those of my visitors with a vehicle would be able to drive up into my drive. It looked like a drive - so I'd expect it to be a drive.

I'm not sure which "OP" you're talking about (the original thread starter or the one who resurrected it), but neither said that there was an existing drive when they bought their properties.

moneyistooshorttomention

Margot123 wrote: »

Do you have a disability, or have a frequent visitor that has a disability?

You may be able to appeal on the grounds of restricted access for disabled persons. Perhaps that person would be liable to injury if they were to trip on the kerb getting out of the car. Councils have to make reasonable adjustments in such cases.
Take photos of said person struggling to get out of the car, negotiate the kerb and pathway, and anything else on council property.

I would doubt that idea is a runner personally.

The Council could turn round and expect that the hypothetical disabled person would have one of those motorised disability vehicle things of their own quite possibly. Also might ask for proof (not just the personal records of someone with a vested interest) of just how often there was a disabled person turning up in a car/had they come a distance that was too far for them to use one of those motorised disability vehicle things of their own etc etc.

The Council won't want all the other residents to suddenly find they had a new friend - one who needed/"needed" disabled access.

moneyistooshorttomention

AdrianC wrote: »

Except for the minor detail that, no matter how much you wish it was, it simply isn't a driveway for a motor vehicle - a quick glance at the lack of dropped kerb tells you that.

You can call it what you like - a patio, a runway, a drive, a helipad - but it's a tarmacced bit of front garden. No more, no less. You can put your wheelybins there, your bicycle, whatever you like - but you definitely cannot put a motor vehicle there. Not legally.

Actually - if there is a technicality/law/whatever out there that says "A drive isnt a drive unless it has a dropped kerb to it - otherwise it is just tarmac instead of grass iyswim" I'd be genuinely quite interested to read that personally:)

AdrianC

Like I said - you can call it what you like, but if a "drive" is "somewhere to park a motor vehicle off the public highway", then it simply fails to meet that definition, because you can't get the motor vehicle onto it legally.

Oh, and the legislation that says you can't? Highways Act 1980, section 184.
https://www.legislation.gov.uk/ukpga/1980/66/section/184

davidmcn

Margot123 wrote: »

Do you have a disability, or have a frequent visitor that has a disability?

You may be able to appeal on the grounds of restricted access for disabled persons. Perhaps that person would be liable to injury if they were to trip on the kerb getting out of the car. Councils have to make reasonable adjustments in such cases.
Take photos of said person struggling to get out of the car, negotiate the kerb and pathway, and anything else on council property.

No, you don't get exemption from normal planning etc policies to carry out permanent alterations just because of the temporary circumstances of the residents, let alone their visitors.

At best (if there is a resident with a blue badge) they might create a blue badge space on the road outside.

Typhoon2000

AdrianC wrote: »

Like I said - you can call it what you like, but if a "drive" is "somewhere to park a motor vehicle off the public highway", then it simply fails to meet that definition, because you can't get the motor vehicle onto it legally.

https://www.legislation.gov.uk/ukpga/1980/66/section/184

You could it lifted on to the drive by one of those tow away type trucks