Dropped kerb anomalies.

Blinkin73

I purchased my house just over seven years ago and one of the reasons I purchased it was because it had a dropped kerb infant of it, though the front garden wasn't being used as a drive. As more and more cars started to park in the road it became impossible to park on the street when I returned from work in the evening so I put gravel on the front garden and started to park there. This led to a couple of people getting really angry with me though the vast majority of residents I spoke to weren't concerned at all and acknowledged that they would do the same thing as me if they could. I and one other house are the only houses in the street with a front garden big enough to fit a small car on it.The other house also has a white line painted across their lowered kerb. The front garden is approx 420 cm wide and 330 deep. If I park my car length ways all the tyres fit on my property but it overhangs onto the pavement by 15cm. Most people are fine with this due to the fact that on all the streets around me people park on the pavement slightly because there is no parking and the roads aren't that wide. I can park it width ways.

However one person has taken great offence. She doesn't drive and nor does anyone in her house. However she was friends with people who used to live next door to me and who I had to make a complaint about to the police because every Friday/ Saturday night they would play loud music continuously until the early hours and when I tried to politely talk to them about it they started to harass me...throwing dog poop and rubbish in my garden, shining strobe lights and security lights into my house and hammering really hard on the party wall at all times of the early hours. They got a warning from the police and moved away and I think this lady hates me because of that. 

About 4 weeks ago some of her friends parked across my drive when I was at work and I was u able to access my drive. I put a not on their car asking them not to park in such an inconsiderate manner. Last Friday I got a letter from the council advising that they don't allow drives to be made of loose construction material. I wrote and advised that I could either pave the area or put the gravel in gravel grids. 

I had a conversation with the council by phone on Wednesday about the way forward. This time they explained that in 1988 planning permission had been changed and the then owner was supposed to have reinstated the raised kerb and that my drive wasn't large enough to get planning permission for parking. Yesterday I had a highways van parked by my house. I'm presuming that that's to let people know they are investigating their complaint. I'm worried that I will lose my parking spot now. What are your thoughts on this. 

Section62

Blinkin73 said:

Last Friday I got a letter from the council advising that they don't allow drives to be made of loose construction material. I wrote and advised that I could either pave the area or put the gravel in gravel grids. 

I had a conversation with the council by phone on Wednesday about the way forward. This time they explained that in 1988 planning permission had been changed and the then owner was supposed to have reinstated the raised kerb and that my drive wasn't large enough to get planning permission for parking. Yesterday I had a highways van parked by my house. I'm presuming that that's to let people know they are investigating their complaint. I'm worried that I will lose my parking spot now. What are your thoughts on this. 

Was the dropped kerb designed for access onto your property, rather than (say) as a pedestrian crossing?

Although your council may have different rules, many authorities don't allow gravel driveways within 'x' metres of the highway, they expect at least a strip to be a solid surface.  Many (most?) also don't allow vehicles to be parked so they have to be driven on and off the parking area parallel to the road - you have to cross the footway or verge in a near to perpendicular direction.

There's something not quite right with their story about planning permission.  Firstly planning consent wouldn't apply to a dropped kerb (although it could to a driveway), secondly it would normally be the council that altered the kerb, unless it was a developer doing the work under agreement.  Was there a planning application for your property in 1988 - for example was there a driveway or garage which was replaced by an extension or conversion?

You need to get clarification of what exactly happened with this planning consent, and exactly what the previous owner agreed to do.

silvercar

 This time they explained that in 1988 planning permission had been changed and the then owner was supposed to have reinstated the raised kerb and that my drive wasn't large enough to get planning permission for parking. 

You frontage isn't deep enough to obtain planning permission for a driveway under current rules.

Planning permission can't be granted and then withdrawn at a later date, which suggests something else went on in 1988 eg an extension, garage conversion or similar. 

FreeBear

In addition, permeable surfaces such as gravel, generally fall under permitted development. So no planning permission required unless the property is subject to an Article 4 direction, in a conservation area, or a listed building.

Using the area for parking may require PP, but I wouldn't like to comment on that aspect..

Section62

FreeBear said:

Using the area for parking may require PP, but I wouldn't like to comment on that aspect..

Planning consent wouldn't be required to use an area for parking, unless there was a planning condition requiring the area to be used for something else (e.g. bin storage/cycle parking), or a planning condition prohibiting the area being used for parking.  In which case an application would be needed to vary or remove the condition.

canaldumidi

Blinkin73 said:

 The front garden is approx 420 cm wide and 330 deep. If I park my car length ways all the tyres fit on my property but it overhangs onto the pavement by 15cm. Most people are fine with this due to the fact that on all the streets around me people park on the pavement slightly because there is no parking and the roads aren't that wide. I can park it width ways.

Surely this would be obstruction of the pavement which is illegal, irrespective of what 'most people'think? It;'s a potential hazard to parents with buggies, the blind, wheelchair users etc

BUFF

Section62 said:

FreeBear said:

Using the area for parking may require PP, but I wouldn't like to comment on that aspect..

Planning consent wouldn't be required to use an area for parking, unless there was a planning condition requiring the area to be used for something else (e.g. bin storage/cycle parking), or a planning condition prohibiting the area being used for parking.  In which case an application would be needed to vary or remove the condition.

I live in a Conservation Area (admittedly in Glasgow rather than wherever the OP lives). You would need Planning Permission here but you wouldn't get it on the main aspect (you might on a non-public aspect e.g. the rear).

markin

canaldumidi said:

Blinkin73 said:

 The front garden is approx 420 cm wide and 330 deep. If I park my car length ways all the tyres fit on my property but it overhangs onto the pavement by 15cm. Most people are fine with this due to the fact that on all the streets around me people park on the pavement slightly because there is no parking and the roads aren't that wide. I can park it width ways.

Surely this would be obstruction of the pavement which is illegal, irrespective of what 'most people'think? It;'s a potential hazard to parents with buggies, the blind, wheelchair users etc

From the description from the op, All the cars on the street are likely 2 to 3 ft on the path already.