Dropped Kerb refusal

rado8008

Hello to everyone
First I want to apologise if I have some mistakes in my writing.
I apply for dropped kerb in 2020 and my aplication was refused.The first reason was that it is CPZ zone but its not.
This is the point why they refuse my application.

"Road Safety:

7.1 The Council has the right to reject any application under Section 184 of the 1980 

Highways Act which it considers would result in a potential hazard to drivers or 

pedestrians. This must have regard for the need to ensure safe access and egress 

from the premises and the need to facilitate the passage of vehicular traffic on the 

highway.

7.2 Only locations, which have adequate sight lines for vehicles and pedestrians, will be 

approved. Recommendations may be made regarding improvements required to 

sight lines for the crossover to be approved. Such improvements shall be carried out 

prior to construction of the crossover. Footway crossings will generally not be 

approved where the crossover is in close proximity to existing or proposed features 

i.e. school entrance, road junction, pelican or zebra crossing, bus stop, road bend or 

traffic calming measures."

Yes I have speed humb on front of my house but my neighbor opposite my house already have.


 December 2021 they construct droped Kerb  to my neighbour on the next street and his Front Garden Parking Criteria is the exact same like mine.
January 2022  they construct another one in the exact same condition like mine on the next street. I apply second time same result.

"1.6.Other options will only be considered in exceptional circumstance e.g for a registered 

disabled person provided the vehicle can be wholly parked within the curtilage of the 

property (enclosed area around front of property) and that no part of a parked vehicle 

will overhang the footway."
Other options doesn't mean we construct droped Kerb.I am asking if the person is disabled why they not give them disable space?
What's the difference between persons driving is driving.If they can and its safe for them to acces and egress why its not safe for me?
In this case I feel disabled I can't drive
On the droped Kerb is not written nothing.Now I have 3 months to appeal their decision again 
If someone can help me how to proceed or with advice will be highly appreciated.
Thank you in advance

Section62

rado8008 said:

December 2021 they construct droped Kerb  to my neighbour on the next street and his Front Garden Parking Criteria is the exact same like mine.
January 2022  they construct another one in the exact same condition like mine on the next street. I apply second time same result.

Do either of these ones have a road hump (or other traffic calming feature) in front of them?

Is there a position (nearby) where the road hump could be moved to without affecting any other residents? Would you be willing to pay the cost (say up to £5k) to get the hump moved if that meant you could have the dropped kerb?

Anthony147

Councils have very detailed requirements on sight lines to enter / leave off street parking, size of off road space required and whether they will entertain moving any furniture to do so.

Have you read these and confirmed you meet the criteria?

What others have done historically is irrelevant as it’s the rules at time of construction that count, unless those you mention have EXACTLY the same conditions as you - traffic levels, parking spaces, space in front of the house and mobility requirements there’s no point comparing them.

Take a detailed look at your councils criteria for crossovers and if you meet them all - state so in your appeal. It’s also worth looking at the planning portal to see any other approvals / rejections for crossovers recently.

Section62

Anthony147 said:

It’s also worth looking at the planning portal to see any other approvals / rejections for crossovers recently.

The crossover (dropped kerb) approval process isn't part of the planning system.  Explicit planning consent is only needed to form a new access onto a classified road, and the required consent is for the access, not the works carried out in the highway.  Approval (or otherwise) of a planning application for an access is likely to be for very different reasons to those the OP has been given.

rado8008

Section62 said:

rado8008 said:

December 2021 they construct droped Kerb  to my neighbour on the next street and his Front Garden Parking Criteria is the exact same like mine.
January 2022  they construct another one in the exact same condition like mine on the next street. I apply second time same result.

Do either of these ones have a road hump (or other traffic calming feature) in front of them?

Is there a position (nearby) where the road hump could be moved to without affecting any other residents? Would you be willing to pay the cost (say up to £5k) to get the hump moved if that meant you could have the dropped kerb?

Both houses  have speed humb on front.Highway construct it for them without need of removing it.

rado8008

Anthony147 said:

Councils have very detailed requirements on sight lines to enter / leave off street parking, size of off road space required and whether they will entertain moving any furniture to do so.

Have you read these and confirmed you meet the criteria?

What others have done historically is irrelevant as it’s the rules at time of construction that count, unless those you mention have EXACTLY the same conditions as you - traffic levels, parking spaces, space in front of the house and mobility requirements there’s no point comparing them.

Take a detailed look at your councils criteria for crossovers and if you meet them all - state so in your appeal. It’s also worth looking at the planning portal to see any other approvals / rejections for crossovers recently.

Thank you for your replay
OTher reason they gave me is that they not allow droped Kerb on speed humb as I can damage my car when parking and make a insurance claim from the council.The first time i apply I spoke with her.When she apply they give her an option to sing letter that any damage made it to her car its gonna be for expenses.I told them that I can sing this letter or whatever they wont as well if they give me an option but they don't.
There also a school on the next street and it's nightmare.When I appeal in 2020 I mention that and that is gonna be safer for all the traffic and kids.Also they told me that her aplication is historical.What is this mean that her drop kerb is constructed before 1980?That everyone that have it are less dangerous than me?

When I ask one of the staff why you not give them disable space and you breaking the law?He can't give me clear answer?My other question was is it not easier to erase the marks on the road than remove droped Kerb (like he told me if the conditions will changed means new oner of the house)
I can't understand how they approve 
Personal or location of  property?
Can I ask them to send me report and pictures as they told me they have from the inspector as they send me email that he visited property.
I try to explain as much as I can if you need more information please let me know.
I apologise for my writing 
Thank you

Doozergirl

I'm no expert in this area, but I'm sure you could make a subject access request to obtain all the information on your application.   

You won't have the benefit of being able to do that for the other applications, but it might help you see where the problem is with yours and then make a formal complaint/appeal/fresh application using the others as an example, if you still think yours looks okay after seeing what the inspector had to say. 

There is a Local Government Ombudsman that you may be able to escalate the complaint to.  

twopenny

"7.2 Only locations, which have adequate sight lines for vehicles and pedestrians, will be 

approved. Recommendations may be made regarding improvements required to 

sight lines for the crossover to be approved. Such improvements shall be carried out 

prior to construction of the crossover. Footway crossings will generally not be 

approved where the crossover is in close proximity to existing or proposed features 

i.e. school entrance, road junction, pelican or zebra crossing, bus stop, road bend or 

traffic calming measures.""

Where is the sight line blocked? Hedge/wall/corner of junction

Section62

twopenny said:

Where is the sight line blocked? Hedge/wall/corner of junction

I don't think sight lines are the issue.  The council appears to be concerned about the road hump (traffic calming feature)

Section62

Doozergirl said:

There is a Local Government Ombudsman that you may be able to escalate the complaint to.  

I think the OP will need to follow the Council's complaints process - it appears they have been treated differently to other people who have a road hump where the crossover would be.  However, without pictures we don't know whether there are valid reasons why the decision was different in those other cases.

Ultimately I think the complaint may be that the Council are not offering an option of paying to have the road hump moved to facilitate the crossover - but the OP didn't come back on the question I asked about whether it was offered, and if they would be willing to pay if it was.

rado8008

Section62 said:

Doozergirl said:

There is a Local Government Ombudsman that you may be able to escalate the complaint to.  

I think the OP will need to follow the Council's complaints process - it appears they have been treated differently to other people who have a road hump where the crossover would be.  However, without pictures we don't know whether there are valid reasons why the decision was different in those other cases.

Ultimately I think the complaint may be that the Council are not offering an option of paying to have the road hump moved to facilitate the crossover - but the OP didn't come back on the question I asked about whether it was offered, and if they would be willing to pay if it was.

twopenny said:

"7.2 Only locations, which have adequate sight lines for vehicles and pedestrians, will be 

approved. Recommendations may be made regarding improvements required to 

sight lines for the crossover to be approved. Such improvements shall be carried out 

prior to construction of the crossover. Footway crossings will generally not be 

approved where the crossover is in close proximity to existing or proposed features 

i.e. school entrance, road junction, pelican or zebra crossing, bus stop, road bend or 

traffic calming measures.""

Where is the sight line blocked? Hedge/wall/corner of junction

Hi this front of my house.