house builder wants me to remove my driveway

the_shreksta
the_shreksta Posts: 84
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so to cut a long story short here is a brief rundown of my problem.

bought a new build house last year (26th august handover date), the house is a 3 bed detached with driveway leading to garage and front garden. i wanted to rip up all the front garden and turn it into extra parking space as we have 3 cars.
i asked jelsons, i asked my solicitor and nobody could give me a clear yes or no. in the end i spoke with the 2 site managers who told me to speak with the council, so i spoke with them who told me i have full permitted development rights and any surface at the front must be a permeable surface ie gravel. so i got my landscaper to carry out the work, using a proper sub base/permeable weed fabric and white gravel on top with a block paved edge.

this was 11 months ago (sept 2017 work was completed)

today i have had a letter stating that i must remove all the gravel and replace with turf as the county council highways consultant will not adopt the road due to loose gravel within 5 meters from the highway. we have 60 days to complete this or face possible court action. there are two other properties on my street that have done the same and also had the same letter.

my argument is that the council have said as long as i use the correct surface i have full development rights. also when we took the property from jelsons it comes with gravel leading down to the path/road so how can they expect me to dig mine up when they clearly provide it to you.

here is a before and after pic, a pic of the letter and a pic of my neighbours driveway with gravel provided by jelsons.

im totally digging my heels in on this one. anybody had any similar issues or can see a weak point in my defence.

i have the email trail with the council as proof of our conversation.

seems i cant add pics for some reason
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  • AndyMc.....
    AndyMc..... Posts: 3,248
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    so to cut a long story short here is a brief rundown of my problem.

    bought a new build house last year (26th august handover date), the house is a 3 bed detached with driveway leading to garage and front garden. i wanted to rip up all the front garden and turn it into extra parking space as we have 3 cars.
    i asked jelsons, i asked my solicitor and nobody could give me a clear yes or no. in the end i spoke with the 2 site managers who told me to speak with the council, so i spoke with them who told me i have full permitted development rights and any surface at the front must be a permeable surface ie gravel. so i got my landscaper to carry out the work, using a proper sub base/permeable weed fabric and white gravel on top with a block paved edge.

    this was 11 months ago (sept 2017 work was completed)

    today i have had a letter stating that i must remove all the gravel and replace with turf as the county council highways consultant will not adopt the road due to loose gravel within 5 meters from the highway. we have 60 days to complete this or face possible court action. there are two other properties on my street that have done the same and also had the same letter.

    my argument is that the council have said as long as i use the correct surface i have full development rights. also when we took the property from jelsons it comes with gravel leading down to the path/road so how can they expect me to dig mine up when they clearly provide it to you.

    here is a before and after pic, a pic of the letter and a pic of my neighbours driveway with gravel provided by jelsons.

    im totally digging my heels in on this one. anybody had any similar issues or can see a weak point in my defence.

    i have the email trail with the council as proof of our conversation.

    seems i cant add pics for some reason

    What legislation have they quoted and what does it say?
  • Johnhowell
    Johnhowell Posts: 692
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    it is usual a requirement not to have unbound gravel within a distance of public highway so not to get stone scatter. The council should have explained that.


    All you need to do is replaced the front edge to the highway with block paving instead of gravel.

    Good luck
  • Johnhowell wrote: »
    it is usual a requirement not to have unbound gravel within a distance of public highway so not to get stone scatter. The council should have explained that.


    All you need to do is replaced the front edge to the highway with block paving instead of gravel.

    Good luck

    In my defence the council said nothing of the sort neither did the planning portal site I was sent a link to, not being pshycic either means I would have no idea of that requirement.

    Surely I have good grounds to refuse? There is nothing in my deeds either.
  • Typhoon2000
    Typhoon2000 Posts: 1,122
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    So it seems there is nothing wrong about your gravel from a drive way point of view if it meets local guidelines regarding driveways/ drainage.
    The council won!!!8217;t adopt the road it the current state.
    The driveway does not comply with the estate scheme as approved, but that not a problem for you or the council.

    To enable getting the road adopted ( which I guess will be to your benefit ), you could build a short temporary wall, plant some shrubs, or put down some block paving.just by the pavement. Reverse once adopted.

  • To enable getting the road adopted ( which I guess will be to your benefit ), you could build a short temporary wall, plant some shrubs, or put down some block paving.just by the pavement. Reverse once adopted.

    That's all well and good but surely they should be letting people know what they can and can't do before they move in

    There is actually 4 of us on this street in the same situation now.
  • EachPenny
    EachPenny Posts: 12,239
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    In my defence the council said nothing of the sort neither did the planning portal site I was sent a link to, not being pshycic either means I would have no idea of that requirement.

    Surely I have good grounds to refuse? There is nothing in my deeds either.
    Do you have details of the person you spoke to at the council? Were they familiar with your development? Did they know the adoptions status of the road?

    Sometimes you can speak to a 'helpful' person who isn't aware of the full facts. If you don't know the details of the person you spoke to you have very little chance of getting a good outcome.

    But you do need to adopt a positive approach to getting it sorted out, rather than digging heels in. If the adoption is delayed because of you (and others) you may become an unpopular member of the community. Furthermore, if you were wrongly advised about the permitted development rights then you could be in breach of planning conditions, which could have serious consequences.

    TBH I would be very surprised if you did have full PD rights to create additional parking areas, this is one area most councils are quite tight on in new developments.
    To enable getting the road adopted ( which I guess will be to your benefit ), you could build a short temporary wall, plant some shrubs, or put down some block paving.just by the pavement. Reverse once adopted.
    This would need further investigation with the planning department. Building a wall may well need planning consent, or a variation in one of the existing conditions.
    "In the future, everyone will be rich for 15 minutes"
  • FreeBear
    FreeBear Posts: 14,421
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    you could build a short temporary wall, plant some shrubs, or put down some block paving.just by the pavement. Reverse once adopted.

    A white picket fence about 600mm high and some artificial grass nailed down over the gravel. Once the developers have disappeared, roll the grass up and flog it on ebay along with the fence.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • stator
    stator Posts: 7,441
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    Remove gravel, store in bags at back of property. Wait.
    Changing the world, one sarcastic comment at a time.
  • EachPenny wrote: »
    Do you have details of the person you spoke to at the council? Were they familiar with your development? Did they know the adoptions status of the road?

    Sometimes you can speak to a 'helpful' person who isn't aware of the full facts. If you don't know the details of the person you spoke to you have very little chance of getting a good outcome.

    But you do need to adopt a positive approach to getting it sorted out, rather than digging heels in. If the adoption is delayed because of you (and others) you may become an unpopular member of the community. Furthermore, if you were wrongly advised about the permitted development rights then you could be in breach of planning conditions, which could have serious consequences.

    TBH I would be very surprised if you did have full PD rights to create additional parking areas, this is one area most councils are quite tight on in new developments.


    This would need further investigation with the planning department. Building a wall may well need planning consent, or a variation in one of the existing conditions.

    If I have been wrongly advised then I put the blame to them, I can't be held accountable for something that was incorrectly relayed to me.

    Yes I have the details and the emails from the person at the council, I spoke with her yesterday she said she will do her best and look into it.

    I drove around the estate last night and I must have counted around 15 properties with gravel fronts so I'm not on my own.

    Also why would any council be strict on extra parking areas being created on private land? Surely that's better than having the streets blocked up with cars.
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