Dropped curbs

housebuyer219

Hi there,
we are purchasing a house and currently having searches completed. The house is on a main road and has a hard standing area at the front. The current owner and neighbours all park their cars outside but there is no dropped curb. Our solicitor has advised the below and also asked us not to contact the council which seems odd 

Parking a motor vehicle on the front elevation of a property is not usually permitted without dropped kerb access and approved hard standing. Looking at a street view, the road has double yellows and there are no dropped kerbs.

Therefore, we do not believe that there is any right to be able to crossover the public footpath to park on the property's front elevation.

TheJP

What's your question?

Section62

housebuyer219 said:

Hi there,
we are purchasing a house and currently having searches completed. The house is on a main road and has a hard standing area at the front. The current owner and neighbours all park their cars outside but there is no dropped curb. Our solicitor has advised the below and also asked us not to contact the council which seems odd 

Parking a motor vehicle on the front elevation of a property is not usually permitted without dropped kerb access and approved hard standing. Looking at a street view, the road has double yellows and there are no dropped kerbs.

Therefore, we do not believe that there is any right to be able to crossover the public footpath to park on the property's front elevation.

Technically any property which fronts a road comes with a right to access the highway.  However, the highway and planning authorities can control how that access is used.

If the road is a main one, does that mean it is classified ('A', 'B' or 'C')?  If so, planning consent is usually required for any work done to form the access (excluding work done on highway land) which means the access may require (but not have) planning consent.

The highway authority can also prevent an access being used by vehicles unless a dropped kerb is provided.  Depending on area, the authority may also have powers to stop the access being used.

The reason the solicitor is saying not to contact the council is to avoid invalidating any indemnity policy you are offered.  However, indemnity policies relating to crossovers/front garden parking should be viewed as probably being fairly useless anyway - since the enforcement action the council can take is to tell you to stop using the crossover (and possibly following that up by blocking access with a bollard etc) and if that happened then you'd just stop using the access.  The indemnity policy isn't going to allow you to use the access/parking if the council don't want you to.

housebuyer219

TheJP said:

What's your question?

Good spot ! 

1) is dropping a curb expensive 
2) why do they not want me to go to the council ?

caprikid1

housebuyer219 said:

Hi there,
we are purchasing a house and currently having searches completed. The house is on a main road and has a hard standing area at the front. The current owner and neighbours all park their cars outside but there is no dropped curb. Our solicitor has advised the below and also asked us not to contact the council which seems odd 

Parking a motor vehicle on the front elevation of a property is not usually permitted without dropped kerb access and approved hard standing. Looking at a street view, the road has double yellows and there are no dropped kerbs.

Therefore, we do not believe that there is any right to be able to crossover the public footpath to park on the property's front elevation.

You will be driving over a pavement, without a dropped curb you have no right to do so and will be breaking the law.

Google dropped curb costs. If no one has done it I suspect the council is refusing due to how busy the road is.

user1977

housebuyer219 said:

TheJP said:

What's your question?

2) why do they not want me to go to the council ?

Because the council may not only say "no", but take steps to prevent it continuing to happen. Are you happy to take that risk?

(by the way, the word is "kerb", if you're not American)

TheJP

I would ask the sellers why there is no dropped curb, if they say it was denied then you don't have any lawful right to park in front of the property by way of driving over the footpath.

Section62

TheJP said:

I would ask the sellers why there is no dropped curb, if they say it was denied then you don't have any lawful right to park in front of the property by way of driving over the footpath.

Only if the council has issued a planning enforcement notice, or a highway notice requiring the access not to be used by vehicles.

eddddy

Section62 said:

 However, indemnity policies relating to crossovers/front garden parking should be viewed as probably being fairly useless anyway - since the enforcement action the council can take is to tell you to stop using the crossover (and possibly following that up by blocking access with a bollard etc) and if that happened then you'd just stop using the access.  The indemnity policy isn't going to allow you to use the access/parking if the council don't want you to.

Generally, indemnity insurance policies cover the owners financial losses (such as the reduction in the value of their property) resulting from enforcement action.

So, if enforcement results in a loss of parking, which reduced the value of the property by £10k, then the indemnity insurance should pay out £10k.



BUT... I'm not sure that indemnity insurance policies are available that cover @housebuyer219's situation.

TheJP

Section62 said:

TheJP said:

I would ask the sellers why there is no dropped curb, if they say it was denied then you don't have any lawful right to park in front of the property by way of driving over the footpath.

Only if the council has issued a planning enforcement notice, or a highway notice requiring the access not to be used by vehicles.

All footways unless stated otherwise are enforceable if you are deemed to be driving over it to access parking unless granted.

Section62

TheJP said:

Section62 said:

TheJP said:

I would ask the sellers why there is no dropped curb, if they say it was denied then you don't have any lawful right to park in front of the property by way of driving over the footpath.

Only if the council has issued a planning enforcement notice, or a highway notice requiring the access not to be used by vehicles.

All footways unless stated otherwise are enforceable if you are deemed to be driving over it to access parking unless granted.

"Enforceable" by who, and for what offence?

Driving across a footway or verge for the purpose of gaining access to land adjoining a highway maintainable at public expense is not an offence unless there is an active notice specific to the property prohibiting that action.  There is a right in common law to gain such access, unless specifically prohibited.

Rule 145 in the Highway Code acknowledges this in the wording "...except to gain lawful access to property..."

The relevant statute law (Highways Act 1835 S72) makes no provision for anything to be "granted".

Where permission for a crossover is granted by a highway authority, this is done under Highways Act 1980 S184.  This section doesn't make it an offence to drive across a footway or verge, unless in contravention

"of any condition imposed under subsection (1)(b)".  In other words, unless a valid notice is served under subsection (1)(b) no offence under S184 can be committed.

Lots of websites (including several council ones) will say otherwise, but they are incorrect. The highway authority's powers under S184 are related to the protection of infrastructure, not preventing people accessing adjoining land.  However, the latter can be restricted by planning law and certain local acts.