Vehicle Access (Dropped Kerb) Application refused

Hi Everybody

I was wondering if I could get some help and advice.

We recently brought a house with no vehicle cross over (driveway) in place. The house is at the far end of the close where the road widens to become a turning circle and the house opposite us has a drive. The front garden has gravel in place for the driveway.

We sent an application to The County Conucil's Highway department who are responsible for dropping kerbs. Our application was rejected without them attending the site. they stated we don't meet the requirements. When I requested for the measurements that were obtained for the application to be rejected they failed to proved these and stated they will send someone out "again" to get the measurements.

Days later the Network Coordinator himself came round to look at the house took measurements and later responded by email that our driveway was 50cm short of the required length of 5m. I requested that they look into it again as properties in the area including the one opposite us has a drive that was created not long ago (1.5yrs ago).

The district council had already consented to the drive being created as this is on an unclassified road.

Can someone please advise me what is the next best course of action.
I wish to appeal this decision but having the application looked at by the head of the department feels like I have reached the ceiling

Our front garden has more than enough room to accommodate the length of our car. There is no verge, sidewalk or pavement infant of the house, just the Kerbs. I see no health and safety issues as the property opposite us and in the next close park there cars without any issues.

Looking forward to hearing your replies.
«13

Comments

  • theonlywayisup
    theonlywayisup Posts: 16,031
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    edited 13 June 2017 at 7:36PM
    If your garden area [to be converted] falls short of the guidelines your council give, you have little, if any course for appeal. There is a similar thread I will try and link to.

    http://forums.moneysavingexpert.com/showthread.php?t=5663740
    T3RRY wrote: »
    Our front garden has more than enough room to accommodate the length of our car.

    It is not about your car, it's about any car and the council's minimum requirements.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,879
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    Yours is a similar situation to another thread today it would seem. You can only really appeal and see what happens. The length of your car is irrelevant because you may change your car in future and should you move, the new resident could park a van or something even larger there. That's why councils stick to the measurements and don't consider the dimensions of a resident's vehicle.

    It would seem that your neighbours' dropped kerbs were installed under an older set of rules. Seems unfair, but that's the way it is.
  • Is there no route to appeal to a non council body?

    Looking online, it seems that some councils only stipulate 4.5m

    That said, irrespective of the length required, councils need to be consistent towards all residents.

    Length of care not relevant, future owner might buy bigger car.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,879
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    councils need to be consistent towards all residents.
    Only from the point of view of the regulations in place at the time. Historical regulations don't have to stand forever and any precedent set at a neighbour's property become irrelevant when new rules are issued.
  • Only from the point of view of the regulations in place at the time.

    Obviously.
  • T3RRY
    T3RRY Posts: 55
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    The thing is the property opposite just had theirs done a 1.5yrs ago. the council stated they had the policy in place for 5yrs and has not changed. A precedent has already been set our property is the only one of its type without parking.
  • System
    System Posts: 178,077
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    Too small is too small, have you measured all the neighbours parking bays?
    The onus isn't really on the roads department to accept your non compliant space, the onus is on you to provide some kind of solid reasoning why your space doesn't have to meet policy, using examples of other spaces is only useful if you know all the details of them and the policies they were constructed under
  • T3RRY
    T3RRY Posts: 55
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    the_r_sole wrote: »
    Too small is too small, have you measured all the neighbours parking bays?
    The onus isn't really on the roads department to accept your non compliant space, the onus is on you to provide some kind of solid reasoning why your space doesn't have to meet policy, using examples of other spaces is only useful if you know all the details of them and the policies they were constructed under

    Too small is too small, I agree. however our space is not too small. At 4.5m is adequate for a normal family car as demonstrated by the properties around the area. Our neighbours drive too measures at 4.5m too. the property in the next close that behind our neighbours (Neighbours relative) measures too at 4.5m (wall to kerb). I would assume the others too measure that much and no where near the 5m.

    The thing is, We are the only property of its type (in 4 closes) that does not have a dropped kerb. The neighbour had theres approved without any issue. We have a good reason to apply for a dropped kerb (but again, don't we all have a reason)
  • System
    System Posts: 178,077
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    T3RRY wrote: »
    Too small is too small, I agree. however our space is not too small. At 4.5m is adequate for a normal family car as demonstrated by the properties around the area. Our neighbours drive too measures at 4.5m too. the property in the next close that behind our neighbours (Neighbours relative) measures too at 4.5m (wall to kerb). I would assume the others too measure that much and no where near the 5m.

    The thing is, We are the only property of its type (in 4 closes) that does not have a dropped kerb. The neighbour had theres approved without any issue. We have a good reason to apply for a dropped kerb (but again, don't we all have a reason)

    If the current requirement is 5m and you don't have 5m you have to justify a departure from their policy for your specific situation, are you the end of a row, or closer to a junction that your neighbours etc?
    It's nothing to do with the practicalities for these people, it's down to their regulations. And some officers can be particularly pedantic and awkward when applying them.
    Have you seen your neighbours application/reports/decision, have you asked them how they justified it, who they spoke to at the council etc? Maybe it's been identified as a problem and you're the unlucky one who doesn't get it.
    All you can really do is put the strongest case possible for appeal but it's very difficult to get leeway on minimum dimensions
  • T3RRY
    T3RRY Posts: 55
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    the_r_sole wrote: »
    If the current requirement is 5m and you don't have 5m you have to justify a departure from their policy for your specific situation, are you the end of a row, or closer to a junction that your neighbours etc?

    We are at the end of the row of house, 50m from a junction and no sidewalk in front of the property. We did justify the reason which is a valid one as we need access to the property for a disabled member we care for.
    the_r_sole wrote: »
    Have you seen your neighbours application/reports/decision, have you asked them how they justified it, who they spoke to at the council etc? Maybe it's been identified as a problem and you're the unlucky one who doesn't get it.

    Not seen the decision, just had a chat about it and they said it was not a problem for them and their relative in the next close. No information was given about who they spoke to at the council.
    the_r_sole wrote: »
    All you can really do is put the strongest case possible for appeal but it's very difficult to get leeway on minimum dimensions
    I have requested assistance from the local councillor and popped into the council today to request a face to face meeting with someone so I can put my case across rather than emails that can be misconstrued.
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