Changing lawn into gravel driveway - am I allowed to do it? (new build with covenants)

Eldi_Dos

user1977 said:

Eldi_Dos said:

user1977 said:

Eldi_Dos said:

How would a insurance company view a vehicle parked close to a property it insures, especially if there is ambiguity about whether the drive should be there.

Given I have never seen an insurance proposal form ask a question about that sort of thing, I can't see that their opinion about it (if they have one) could possibly come into how they treat a claim.

That is very trusting of you but it is something I would want clarified, with it being most people's biggest asset, especially if you lived above the property that had changed lawn to driveway.

Can you explain why you would wish it clarified? There is no requirement in consumer insurance products for the customer to disclose matters which the insurer hasn't asked them about.

Think it through - there must be an infinite number of factors which may arguably affect the risk of insurance a particular property - do you think you need to run through all of the ones you can come up with "just in case"? Why do you think insurers do ask specific questions before deciding to insure?

The reason I would want it clarified is because it is my biggest asset and I would want to make sure cover is suitable especially if someone else had altered layout around the property.
There are many cases of people taking holiday insurance and trusting they have suitable cover only to be dismayed to find out that is not so when they go to make a claim.
Maybe it is just me but I think it is good policy to check that your cover is suitable especially if there have been changes to the as built, after all vehicles have a lot of flammable material in them.

koniesinvenice

Section62 said:

Development has to be carried out in accordance with the planning consent, and if the plans showed the area as 'green' landscaping then there is a grey area about whether you can subsequently change that to 'brown' landscaping or hard surface, especially so soon after completion of the build.

More specifically, the planning consent may require the area to be retained as grass.  This is a more powerful restriction than any covenants as technically you'd be in breach of the planning consent if you make changes which would require consent. (this is where permitted development rights are also important).

If the road was adopted then there is a good chance the highway authority wouldn't allow you to have a gravel driveway adjacent to the road as gravel is a well-known danger to road users (e.g. for pedestrians, cyclists and motor vehicles).  Vehicles driving in/out of driveways also poses a danger for pedestrians using the footway (if any). I think it would be quite easy for the developer - assuming they own the road - to argue the case in court that your gravel driveway posed a "danger" to people using the road, and they could simply refer to the highway authority's stance on the issue.

Nuisance can be a little harder to argue, but people parking close to the front of properties can affect light and views, there is the issue of engine noise, and the crunching of gravel as you drive over it can be really annoying.

Whether or not the developer will be bothered enough to take this to court is a different question though.

What really matters the most is how your neighbours will view this.  If they are likely to want to do the same then they probably won't complain.  If they like the idea of having green grass in front of each house and find cars unsightly, they make kick up a fuss with anyone who will listen.

Could I still use grass reinforcement mesh and remove the bushes though if I left the grass?

There is no footway there and the kerbs are dropped. 

There wont be any engine noise because my car is electric.

It almost sounds like it would be better to put permeable paving there? 

koniesinvenice

eddddy said:

koniesinvenice said:

I want to make a gravel driveway in a new build on a private road.

Who owns the private road?

I didn't see anything in your covenants about having to contribute to the cost of upkeep of the private road - which seems a bit strange.

Is there a separate deed or similar which talks about maintaining the road, giving you the right to use the road, and perhaps limits how you can use it (e.g. is there effectively a ransom strip on the side of the road, which you can't drive across?)

(Even if the road has been adopted by the local authority - you might have to check for a ransom strip.)

And/or will any changes need to be made to the private road - e.g. dropped kerb, replacing some turf with a hard surface, etc. If so, you'd probably need the owner's consent to do that.

 

The private road will be owned by all residents (10 houses) once development is complete. 
Right now the developer still owns the road.

There is no ransom strip but in the covenants it does say residents should not park on the road.

And there is dropped kerb already as well!

koniesinvenice

born_again said:

Do you have a driveway & dropped kerb?
You also have to be aware that sometimes part of the planning permission, maybe no parking in front of house line. 

Yes there is a driveway and dropped kerb but we are not supposed to park on the road

Section62

koniesinvenice said:

Section62 said:

Development has to be carried out in accordance with the planning consent, and if the plans showed the area as 'green' landscaping then there is a grey area about whether you can subsequently change that to 'brown' landscaping or hard surface, especially so soon after completion of the build.

More specifically, the planning consent may require the area to be retained as grass.  This is a more powerful restriction than any covenants as technically you'd be in breach of the planning consent if you make changes which would require consent. (this is where permitted development rights are also important).

If the road was adopted then there is a good chance the highway authority wouldn't allow you to have a gravel driveway adjacent to the road as gravel is a well-known danger to road users (e.g. for pedestrians, cyclists and motor vehicles).  Vehicles driving in/out of driveways also poses a danger for pedestrians using the footway (if any). I think it would be quite easy for the developer - assuming they own the road - to argue the case in court that your gravel driveway posed a "danger" to people using the road, and they could simply refer to the highway authority's stance on the issue.

Nuisance can be a little harder to argue, but people parking close to the front of properties can affect light and views, there is the issue of engine noise, and the crunching of gravel as you drive over it can be really annoying.

Whether or not the developer will be bothered enough to take this to court is a different question though.

What really matters the most is how your neighbours will view this.  If they are likely to want to do the same then they probably won't complain.  If they like the idea of having green grass in front of each house and find cars unsightly, they make kick up a fuss with anyone who will listen.

Could I still use grass reinforcement mesh and remove the bushes though if I left the grass?

There is no footway there and the kerbs are dropped. 

There wont be any engine noise because my car is electric.

It almost sounds like it would be better to put permeable paving there? 

You need to check what the planning consent says.  Any changes you make have to be compatible with that, or you'll need to get planning consent.

You don't need to convince me what you want to do is acceptable - it is what the developer agrees or disagrees with that matters.  But for example saying your vehicle is electric and therefore isn't a problem is irrelevant because at any time you could change vehicle, or have someone else with a non-electric car parking on the driveway.  Unless you signed a further legally binding agreement with the developer that you would only ever allow an EV to make use of the parking....

Sarahspangles

Are you provided with a drive/parking space/garage on your property already?

Since 2008 householders have been required to use a permeable surface for any paving in their front garden in excess of 5 sq m.  Gravel is okay but the issue is the sub base which can’t be the ‘Type 1’ used for most driveways and patios.  I actually think ‘wheel tracks’ look better than gravel since it gets everywhere.

koniesinvenice

Section62 said:

You need to check what the planning consent says.  Any changes you make have to be compatible with that, or you'll need to get planning consent..

Thank you for your help!

I will check with the council and see what they say.

On top of that will try to speak with the developer 

koniesinvenice

Sarahspangles said:

Are you provided with a drive/parking space/garage on your property already?

Since 2008 householders have been required to use a permeable surface for any paving in their front garden in excess of 5 sq m.  Gravel is okay but the issue is the sub base which can’t be the ‘Type 1’ used for most driveways and patios.  I actually think ‘wheel tracks’ look better than gravel since it gets everywhere.

Yes there is a driveway already but we would like another parking space.

I do like the wheel tracks suggestion, might try to 'compromise' with the developer and suggest that if they are unhappy with the gravel.

Do you know if it's possible to get sub base for the gravel that is permeable?