Dropped Kerb - Vehicle Access Licence

T.Rex

A query about a dropped kerb and driveway application.

I have moved to a new house where there is opportunity for a driveway to be constructed leading to my front garden.
This will obviously include dropping some curbs. There is approximately 3 metre length of council owned grass area between the dropped curb and my front garden including the pedestrian pavement.

I put the application in and the administrator dealing with my application referred the application to the highways department for review. The highways department conducted their review and the said that everything should be okay to go...

HOWEVER, the highways dpt stated that because I would be crossing from dropped curb onto pedestrian pavement onto COUNCIL OWNED GRASSLAND frequently after the driveway is constructed, I would therefore need a VEHICLE ACCESS LICENCE. This is a licence is to basically pay rent to the council to drive across the COUNCIL OWNED GRASSLAND.

I have been informed that there would be no issue/no need for the VEHICLE ACCESS LICENCE if I was driving from dropped kerb onto pedestrian pavement onto front garden. But I would need one because of the COUNCIL OWNED GRASSLAND sitting between my front garden and the road.

Quoted Costs just for the Vehicle Access Licence:
1. The Licensee shall pay the Council’s administrative costs of £109
!
2. The licence fee for one year shall be £270 and reviewed thereafter.

Payment for all costs is upfront of course.

My thoughts:
Bearing in mind these are the prices I have to pay before the actual costs of dropping kerbs and constructing driveway....
I have also been told that if I sell house in future, the yearly costs would have to be passed over to new owner. The yearly costs are also subject to change in price.

Now along my road including opposite me there are a number of driveways that are in place that have had to cross council grassland to get into their homes. Considering I’m 1 of approximately 600 houses (majority have driveways) on the same road. I very much doubt that they are paying these fees. Some driveways are shorter or equal length to the one I’m proposing.

I get the feeling that this is new legislation/policy and I am being penalised for being a new customer whilst the older customers have had that option for years without having to pay anything at all.

Can some one advise me on this issue?
Has anyone had something similar arise?
How would I challenge it if I feel that others are benefiting yet I’m getting penalised?

theartfullodger

You bought the place before sorting this matter out or deciding to live with it? Seriously?

davidmcn

No reason why the council can't change their policy from time to time. You (apparently) don't know what arrangements other properties may have entered into with the council, or whether they've been doing it so long that they may have acquired a right to do so.

xylophone

Driving over grass will make a real mess of the grass and in wet conditions it will be muddy/slippery?

The are several grass/paved footpaths near me - the grass is either side of the dropped kerbs. In one notorious hotspot for parking damage to the grass, the local council has installed bollards to prevent abuse.

Could you appeal the decision and request permission to have a permeable hard surface installed over the grass?

G_M

not sure what your CAPITALS imply, but basically,if you want a droppedcurb, and to drive across a public pavement, nd across council land, you'll have to comply with whatever legislative or contractual arrangements the council imposes.


You can either jump through their hoops and pay the costs, or park on the roadside.

markin

What council is it?


Do you really need it? You could do the drive just for looks/ low maintenance, But expect them to install bollards to block access. Everyone's a rent seeker nowadays aren't they.


@xylophone Im sure part of the license allows you to pave over the grass...

T.Rex

Hi

Yes the dropped curb application includes a driveway construction across the grassland. I would be paying for it all but the council want to charge me yearly fee to drive across the driveway which will be constructed across the grassland.

I hope this makes sense.

Owain_Moneysaver

Is the council owned grass area part of the public highway or classed as amenity land?

If the former, you shouldn't have to pay. If the latter, you will.

You could try

(a) looking at the definitive map at the council offices
(b) obtaining copy plans from the land registry of a near neighbour (preferably one that's been bought/sold recently) with a similar drive
(c) a Freedom of Information Act request for the number and cost of such licences already granted

T.Rex

Owain_Moneysaver wrote: »

Is the council owned grass area part of the public highway or classed as amenity land?

If the former, you shouldn't have to pay. If the latter, you will.

You could try

(a) looking at the definitive map at the council offices
(b) obtaining copy plans from the land registry of a near neighbour (preferably one that's been bought/sold recently) with a similar drive
(c) a Freedom of Information Act request for the number and cost of such licences already granted

Hi, thanks for your comment. I wasn’t aware of the differences in the class of land. I will make enquiries into that.

T.Rex

theartfullodger wrote: »

You bought the place before sorting this matter out or deciding to live with it? Seriously?

Hi. Whilst I appreciate you taking your time to comment, I am looking for comments to help me overcome the barrier I face.

Thank you.