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Dropped Kerb refusal

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  • Section62
    Section62 Posts: 9,841 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    rado8008 said:

    Hi this front of my house.


    Can you indicate on each picture where your dropped kerb would be?

    Also, can you confirm the road surface is concrete?

  • Grumpy_chap
    Grumpy_chap Posts: 18,286 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Section62 said:

    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?
    That would be an absolute bargain!

    I had a dropped kerb installed by the Council as long ago as 2011 and the cost for the dropped kerb was >£3k.  That was just for the dropped kerb - nothing extra involved.
  • Section62
    Section62 Posts: 9,841 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Section62 said:

    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?
    That would be an absolute bargain!

    I had a dropped kerb installed by the Council as long ago as 2011 and the cost for the dropped kerb was >£3k.  That was just for the dropped kerb - nothing extra involved.
    Up to £5k just for the hump, on top of the kerb/footway works.

    If the OP's road is concrete (as it appears from the pictures) then a higher cost (and further grounds to object) are quite likely.
  • Hi, been reading a few of the dropped kerb appeal (refusals) and the councils reasons for doing so. A few years back we was offered to have our drop kerb done by the council but we said no at the time as we had not done our small driveway and was not sure how or where the car would enter on to the road. A year or so later we done our drive then paid for the council to come out & scope for dropped kerb, not thinking in any way it would be refused, it was and we appealed and we lost. we have a parking bay which encompasses me and my neighbours either side of me ( you can get 4 or 5 cars within this bay)...the council said if they give us a dropped kerb...they lose TWO spaces. 
    they said their decision is final. 
    what do you think?
  • Section62
    Section62 Posts: 9,841 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    MF6275 said:
    Hi, been reading a few of the dropped kerb appeal (refusals) and the councils reasons for doing so. A few years back we was offered to have our drop kerb done by the council but we said no at the time as we had not done our small driveway and was not sure how or where the car would enter on to the road. A year or so later we done our drive then paid for the council to come out & scope for dropped kerb, not thinking in any way it would be refused, it was and we appealed and we lost. we have a parking bay which encompasses me and my neighbours either side of me ( you can get 4 or 5 cars within this bay)...the council said if they give us a dropped kerb...they lose TWO spaces. 
    they said their decision is final. 
    what do you think?
    The council is wrong to say their decision is final - as you can always challenge their decision via the courts.  Unfortunately the cost of challenging them through the courts is likely to be so high as to be disproportionate to the value off-street parking adds to your home... so only someone wealthy enough to take on the council for the fun of it will find that a worthwhile exercise.

    In your case the challenge could be that the loss of two parking spaces is not one of the matters listed in Section 184(5) of the Highways Act 1980 that the council should take into account, and therefore the decision is 'irrational' (aka "Wednesbury unreasonable").

    You could write to the council querying the decison on that basis, it probably can't do any harm, but unless you ultimately follow it through with a solicitor's letter threatening to judicially review their decision it is probably unlikely to sway them.
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