Grant help to build a drop kerb at a new property.

Section62

Grumpy_chap said:

Section62 said:

ButterCheese said:

You may have to clarify this a bit.  Usually if there is no dropped curb then there is no right of access across the pavement to your property.  That's what a raised curb is for.  You can't just clear a space in front of your house (which I assume the previous owners did) and drive up the pavement and call it a driveway. 

In the majority of cases the BiB isn't true.  There is a common law right of access to land adjoining the highway.  The highway and planning acts give highway and planning authorities powers to control how that access is achieved, and in some cases can take action to stop such access taking place.

The purpose of a normal height kerb is to delineate the edge of the carriageway and give structural support to the footway or verge, not to stop people driving over it.

But not a right of vehicular access.

The common law right of access is with or without a vehicle.

Sansom30

p00hsticks said:

Sansom30 said:

 which already has a parking drive on the front, but the sellers never got around to putting in a drop kerb. 

Are you confident that the previous owners actually got permission from the council to drive over the pavement ? I was under the impression that the installation of a dropped kerb was usually a requirement....

Still very new to all things home buying, requirements etc, it sounds like the seller was just parking on the road outside, but seems strange to me not to put a drop kerb in if they were never going to use it. This is something I will ask about though thank you.

Sansom30

ButterCheese said:

You may have to clarify this a bit.  Usually if there is no dropped curb then there is no right of access across the pavement to your property.  That's what a raised curb is for.  You can't just clear a space in front of your house (which I assume the previous owners did) and drive up the pavement and call it a driveway. 

Or do you mean that there is an existing small/shared dropped curb which you want to extend?

So it looks as though they built the parking spot, and I say parking spot as they have installed brick stoppers at the back end, but yes still a raised kerb, which I'm not sure if they couldn't afford to then pay for the drop kerb. 
I am wanting to do everything legally and obviously not get in trouble, and was only curious to see if there was any help as I've been told in the past there was a scheme to help with this, to stop as many cars parking on the pavement and block paths etc. 

Caz3121

Sansom30 said:
Still very new to all things home buying, requirements etc, it sounds like the seller was just parking on the road outside, but seems strange to me not to put a drop kerb in if they were never going to use it. 

Maybe the seller applied and was denied the dropped kerb. Maybe they felt the costs of having the kerb dropped was not worth it to them and they were happy to park on the road outside
You may fine that once you get quotes there are other priorities you may want to address first.

Sansom30

Section62 said:

Bookworm105 said:

35har1old said:

theartfullodger said:

Well, I'd like a taxpayer funded helicopter please.... 


 I sincerely hope there's no such grant or bung for homeowners to get dropped  kerb paid for by us lot..

Yes, check one was approved to be installed by council first. 

Possibly if you or family member where disabled

where they are disabled has no relevance

Some councils might classify it as an 'adaptation' and contribute towards the cost, but as the budget for adaptations is so restricted now it is perhaps less likely than it might have been in the past.

This is completely understandable and I do get this. Just purely out of not knowing and curiousity I was asking 😊

Sansom30

Caz3121 said:

Sansom30 said:
Still very new to all things home buying, requirements etc, it sounds like the seller was just parking on the road outside, but seems strange to me not to put a drop kerb in if they were never going to use it. 

Maybe the seller applied and was denied the dropped kerb. Maybe they felt the costs of having the kerb dropped was not worth it to them and they were happy to park on the road outside
You may fine that once you get quotes there are other priorities you may want to address first.

You might be right. Yes definitely there are more pressing matters for us moving into the property, this was just to see what advice, help etc there was out there 😊 

kinger101

Section62 said:

Grumpy_chap said:

Section62 said:

ButterCheese said:

You may have to clarify this a bit.  Usually if there is no dropped curb then there is no right of access across the pavement to your property.  That's what a raised curb is for.  You can't just clear a space in front of your house (which I assume the previous owners did) and drive up the pavement and call it a driveway. 

In the majority of cases the BiB isn't true.  There is a common law right of access to land adjoining the highway.  The highway and planning acts give highway and planning authorities powers to control how that access is achieved, and in some cases can take action to stop such access taking place.

The purpose of a normal height kerb is to delineate the edge of the carriageway and give structural support to the footway or verge, not to stop people driving over it.

But not a right of vehicular access.

The common law right of access is with or without a vehicle.

The common law right, if it exists, does not override statute.  And I think the property would be considered accessed if someone had parked outside it.

Section62

kinger101 said:

Section62 said:

Grumpy_chap said:

Section62 said:

ButterCheese said:

You may have to clarify this a bit.  Usually if there is no dropped curb then there is no right of access across the pavement to your property.  That's what a raised curb is for.  You can't just clear a space in front of your house (which I assume the previous owners did) and drive up the pavement and call it a driveway. 

In the majority of cases the BiB isn't true.  There is a common law right of access to land adjoining the highway.  The highway and planning acts give highway and planning authorities powers to control how that access is achieved, and in some cases can take action to stop such access taking place.

The purpose of a normal height kerb is to delineate the edge of the carriageway and give structural support to the footway or verge, not to stop people driving over it.

But not a right of vehicular access.

The common law right of access is with or without a vehicle.

The common law right, if it exists, does not override statute.

Which in this situation is irrelevant because there is no statute law which prohibits vehicular access, except in the cases I've already mentioned.

kinger101 said:

And I think the property would be considered accessed if someone had parked outside it.

The right is for access to/from the land, not the ability to park somewhere near it.

Bookworm105

Section62 said:

Bookworm105 said:

35har1old said:

theartfullodger said:

Well, I'd like a taxpayer funded helicopter please.... 


 I sincerely hope there's no such grant or bung for homeowners to get dropped  kerb paid for by us lot..

Yes, check one was approved to be installed by council first. 

Possibly if you or family member where disabled

where they are disabled has no relevance

Some councils might classify it as an 'adaptation' and contribute towards the cost, but as the budget for adaptations is so restricted now it is perhaps less likely than it might have been in the past.

you missed the point 

GDB2222

Section62 said:

Grumpy_chap said:

Section62 said:

ButterCheese said:

You may have to clarify this a bit.  Usually if there is no dropped curb then there is no right of access across the pavement to your property.  That's what a raised curb is for.  You can't just clear a space in front of your house (which I assume the previous owners did) and drive up the pavement and call it a driveway. 

In the majority of cases the BiB isn't true.  There is a common law right of access to land adjoining the highway.  The highway and planning acts give highway and planning authorities powers to control how that access is achieved, and in some cases can take action to stop such access taking place.

The purpose of a normal height kerb is to delineate the edge of the carriageway and give structural support to the footway or verge, not to stop people driving over it.

But not a right of vehicular access.

The common law right of access is with or without a vehicle.

I had heard so often the meme that it’s illegal to cross the pavement with a car unless there’s a dropped kerb that I assumed it must be true. People vaguely refer to the Highways Act 1980, but they don’t specify the section.

I did have a look at S184, and that allows the local authority to serve a notice on anyone who habitually crosses the pavement, telling them to stop, because it damages the pavement. I couldn’t find any blanket ban, though.