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Dropped kerb query

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  • Section62
    Section62 Posts: 9,680 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Unless it is adversely affecting the flow of the traffic then the chances of any enforcement will be virtually zero. 
    Preventing a vehicle accessing a highway when there is no legitimate route for it to get there is not obstruction
    The 'thing' on the highway is causing an obstruction unless (1) it is lawfully parked in a designated parking place, or (2) It has been lawfully placed there by a Highway or Traffic Authority, or in some cases the local authority, or (3) It has been placed there under licence from the Highway Authority.

    The right the public have in connection with a highway is to pass and repass.  Anything else is an obstruction, although case law has determined there are degrees of obstruction, and legislation has provided that certain things (e.g. traffic signs, utility equipment, market stalls) are not obstructions when placed in accordance with the relevant legislation.

    Enforcement of obstruction is a different matter though.  Because of the difficulties in prosecuting obstruction cases the Police generally take a fairly narrow definition of obstruction for the purposes of enforcement.
  • stuart45
    stuart45 Posts: 4,836 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    One rough rule of thumb for obstruction was if a fire engine could get through.
    As stated by Section62 most parked vehicles are technically causing an obstruction, but not possible to enforce when you think about the amount of parked vehicles on the roads. 
    Even the rule about the space for a fire engine is generally ignored. A friend of mine in the fire service said that if they need to get through in an emergency the sides of the cars get taken off.
  • Eldi_Dos
    Eldi_Dos Posts: 2,127 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Well just having come back from weekly discussion about tactics and how they can be improved and enjoying a refreshment that was 15p dearer this week, I can report there are a lot of obstructive people about.
    Maybe they are getting their towels in place early for the bank holiday weekend.
  • piperm87
    piperm87 Posts: 226 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Tried them again this morning and they wont give me any answers at all.  Just want me to pay for them to come and assess it. Easy money. 
  • piperm87 said:
    Tried them again this morning and they wont give me any answers at all.  Just want me to pay for them to come and assess it. Easy money. 
    There's no obvious reason to why they would say no as you don't have any BT boxes etc on the pavement - apply with the fee (mine was £145 to Hampshire CC last year).
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • Ectophile
    Ectophile Posts: 7,964 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you have the drive tarmaced, the council will expect you to install a drain for the water to run off to.  That's a new planning law to reduce the amount of flooding in the streets.
    If you have anything gravelly, they will want you to do something to stop it washing off onto the pavement.

    I only have a single dropped kerb, and a drive wide enough for two cars.  It isn't a problem.  I drive on at an angle, then straighten up.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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