Dropped Kerb - necessary?

Techno

Sorry to ask another dropped kerb question but I cannot find an answer to my specific question.

We would like to have a gravelled area at the side of our house (so permeable) to park a motorhome. We would use temporary rubber or wooden ramps to drive over the kerb so as not to damage it which would be removed immediately the motorhome was parked. Our garden goes straight onto the highway so no pavement to cross.

Having read the dropped kerb debates, it appears that it is only illegal to cross the footpath without a council permission and approved dropped kerb so I think we should be OK .... or will we ?

Any advice much appreciated

molerat

You can only access the highway over a dropped kerb. You may need council permission to form an access to the highway even if there is no kerb to drop / cross.

Alter_ego

molerat wrote: »

You can only access the highway over a dropped kerb. You may need council permission to form an access to the highway even if there is no kerb to drop / cross.

On the other hand if you just do it it's unlikely there will be any comeback.

Furts

A dropped kerb should include checking your verge for services and lowering, and/or protecting them. If you choose to ignore this fundamental then you are running a risk. Even more so when the verge is wet and soft. Your choice but the idea of turning a blind eye is asking for trouble.

bris

No it is illegal without the dropped kerb which gives you permission.


There is likely to be no comeback but it only takes one nosy neighbour to complain then they will tell you to move it. You will get a warning first so it's ok to take the chance just just now.

traineepensioner

Techno wrote: »

Sorry to ask another dropped kerb question but I cannot find an answer to my specific question.

We would like to have a gravelled area at the side of our house (so permeable) to park a motorhome. We would use temporary rubber or wooden ramps to drive over the kerb so as not to damage it which would be removed immediately the motorhome was parked. Our garden goes straight onto the highway so no pavement to cross.

Having read the dropped kerb debates, it appears that it is only illegal to cross the footpath without a council permission and approved dropped kerb so I think we should be OK .... or will we ?

Any advice much appreciated

You'll probably cause less problems than the idiots who insist on parking on the pavement.....I'd just go for it. :cool:

EachPenny

Strictly speaking, in almost all circumstances it is not 'illegal' to access adjoining property from the public highway - even if this means 'bumping' over kerbs and driving over the footway.

However, if you are doing it 'habitually' then the Highway Authority can require the provision of a dropped kerb, and if not provided may take other action to prevent use of the access. If you cause damage to the highway - for example dislodging a kerb - then the council may also take action against you.

However, the advice offered by Furts is sound. There may be buried services in the ground which could be damaged by vehicle wheels. The cost of reparing any damage (which you are likely to be chased for) will be very significant and could easily outweigh the cost of getting a proper crossover provided. I would probably play safe and at least speak to the highways department.

However, if your garden does truly run to the edge of the carriageway (i.e. no footway or verge) then the circumstances are rather different to the normal situation where you have to pass over Highway Authority land to get access from the road into your property. Are you absolutely sure you own the land right up to the kerb?

The other factor to consider is the classification of the road. If it is a quiet residential street then it is unlikely anyone will show any interest in what you are doing. However, if it is an 'A' or 'B' class road then the situation might be different. You could potentially find the police getting involved if it is perceived that you are causing a road safety issue, and possibly the Council's planning department might take an interest if you actually need to make any modifications which come under planning law.

Techno

EachPenny
It is a very, very quiet street. Yes our garden goes straight to the highway, and maintained by us not the council, the pavement is on the other side of the road. I assume the highways dept own the kerb stone which keeps our garden off the road!
Thank you everyone for your replies - food for thought.

EachPenny

Techno wrote: »

It is a very, very quiet street. Yes our garden goes straight to the highway, and maintained by us not the council, the pavement is on the other side of the road. I assume the highways dept own the kerb stone which keeps our garden off the road!

In which case, unless you have a rare and unusual set of circumstances, the most the Council is likely to be able to ask (and charge you) for is to have the full-height kerbs swapped for lower ones. If the kerbs are the only thing changed then planning and BC would normally have no involvement because that would be minor highway works within the existing boundaries of the highway.

The main thing to look out for would be buried utilities (as noted above) and finally making sure your neighbours are on-side. Most councils are unlikely to take much action in this kind of situation unless they get complaints from neighbours. Conversely, if you make it a habit to annoy your neighbours then anticipate a knock on the door from someone in a high-vis jacket

Lizabeth21

Just a thought: have you checked your covenants to see if there’s anything about keeping a motor home on your property? (The neighbours may know and if the answer is no.....things can get very unpleasant!)

Techno

There may be a covenant I am not aware of but The people over the road have had a motorhome on their drive for 18 months and round the corner has a caravan on their drive so there does seem to be a prescedent. We have mentioned our plans to a few neighbours and they seem OK but who knows if anyone else will complain