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  • FIRST POST
    • the shreksta
    • By the shreksta 8th Aug 18, 7:11 PM
    • 82Posts
    • 13Thanks
    the shreksta
    house builder wants me to remove my driveway
    • #1
    • 8th Aug 18, 7:11 PM
    house builder wants me to remove my driveway 8th Aug 18 at 7:11 PM
    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
    Last edited by the shreksta; 08-08-2018 at 7:14 PM.
Page 2
    • getmore4less
    • By getmore4less 9th Aug 18, 11:33 AM
    • 33,267 Posts
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    getmore4less
    here is a later(2012) plan for the planting
    http://publicdocuments.hinckley-bosworth.gov.uk/AnitePublicDocs/00176711.pdf

    Your plot(221) still has a bush in it and a hedge
    says front gardens should be grass.

    here is the parking provisions for the site(2013).

    http://publicdocuments.hinckley-bosworth.gov.uk/AnitePublicDocs/00209890.pdf
    • getmore4less
    • By getmore4less 9th Aug 18, 11:34 AM
    • 33,267 Posts
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    getmore4less
    They changed the house on plot 222 shown in some of the drawings.

    That was a 2015 planning application 15/00415
    Last edited by getmore4less; 09-08-2018 at 11:51 AM.
    • the shreksta
    • By the shreksta 9th Aug 18, 11:38 AM
    • 82 Posts
    • 13 Thanks
    the shreksta
    What a shame that four properties so far have ripped up what were quite attractive front lawns and paths and replaced them with an unsightly mass of gravel. It looks terrible. As well as perhaps being unpopular with neighbours if you delay the adoption of the road, I suspect some aren't happy that the reality of their street looks nothing like the relatively green frontages in the brochures and showhomes.

    In reality, it's inevitable that most will go the same route and what was once quite an attractive street will look like a badly organised car dealership in a builder's yard.
    Originally posted by Aylesbury Duck
    Nobody is selling cars down here or selling bricks/sand/cement.....................

    What a strange view you have on things
    • EachPenny
    • By EachPenny 9th Aug 18, 11:44 AM
    • 7,310 Posts
    • 19,790 Thanks
    EachPenny
    here is the parking provisions for the site(2013).
    Originally posted by getmore4less
    According to that a restrictive standard of no more than 1.5 spaces per dwelling on average was applied as part of a condition on the outline application. This includes designated on-street bays.

    Unless there was a change of policy it would be difficult to believe that PD rights to create additional parking spaces were not removed. Otherwise what was the point in setting that restrictive standard?
    "In the future, everyone will be rich for 15 minutes"
    • EachPenny
    • By EachPenny 9th Aug 18, 11:49 AM
    • 7,310 Posts
    • 19,790 Thanks
    EachPenny
    Nobody is selling cars down here or selling bricks/sand/cement.....................

    What a strange view you have on things
    Originally posted by the shreksta
    If you were a planning officer you wouldn't find it strange at all. Most of them regard cars as a visual intrusion on the streetscape and many would favour an outright ban on front-garden parking in residential areas.


    Hard landscaped gardens are also the planning officers equivalent of stone cladding.
    "In the future, everyone will be rich for 15 minutes"
    • lincroft1710
    • By lincroft1710 9th Aug 18, 11:58 AM
    • 11,108 Posts
    • 9,457 Thanks
    lincroft1710
    Nobody is selling cars down here or selling bricks/sand/cement.....................
    Originally posted by the shreksta
    AD never said they were, In AD's view that is what the street looks or will look like if everyone converts their front garden into additional car parking
    • NaughtiusMaximus
    • By NaughtiusMaximus 9th Aug 18, 12:28 PM
    • 1,256 Posts
    • 3,037 Thanks
    NaughtiusMaximus
    If you were a planning officer you wouldn't find it strange at all. Most of them regard cars as a visual intrusion on the streetscape and many would favour an outright ban on front-garden parking in residential areas.
    Originally posted by EachPenny
    As opposed to the aesthetically pleasing view of the road being crammed with parked cars along every available bit of kerb?
    Last edited by NaughtiusMaximus; 09-08-2018 at 12:45 PM.
    • Aylesbury Duck
    • By Aylesbury Duck 9th Aug 18, 1:47 PM
    • 2,369 Posts
    • 3,163 Thanks
    Aylesbury Duck
    As opposed to the aesthetically pleasing view of the road being crammed with parked cars along every available bit of kerb?
    Originally posted by NaughtiusMaximus
    Yes. That's much tidier than cars crammed in at all angles on DIY "driveways".
    • NaughtiusMaximus
    • By NaughtiusMaximus 9th Aug 18, 2:02 PM
    • 1,256 Posts
    • 3,037 Thanks
    NaughtiusMaximus
    Yes. That's much tidier than cars crammed in at all angles on DIY "driveways".
    Originally posted by Aylesbury Duck
    Each to their own, but I think aesthetically they're as bad as each other. At least when the cars are on the drive it's less of a PITA for anyone driving along the street.
    • stator
    • By stator 9th Aug 18, 5:52 PM
    • 6,541 Posts
    • 4,412 Thanks
    stator
    According to that a restrictive standard of no more than 1.5 spaces per dwelling on average was applied as part of a condition on the outline application. This includes designated on-street bays.

    Unless there was a change of policy it would be difficult to believe that PD rights to create additional parking spaces were not removed. Otherwise what was the point in setting that restrictive standard?
    Originally posted by EachPenny
    Just because the builder had to comply with certain planning matters to get their designs approved doesn't necessarily mean the permitted development has been removed from a property.



    OP needs to query the building company about what their legal justification is going to be if they wish to take action against him.
    Changing the world, one sarcastic comment at a time.
    • Typhoon2000
    • By Typhoon2000 9th Aug 18, 7:41 PM
    • 885 Posts
    • 434 Thanks
    Typhoon2000
    From what the OP has said there is appears to be no legal justification to take action against him. The Builder messed up by not ensuring there was a covenant to ensure front gardens could not be changed ( at least until they finished building and washed their hands of the development).

    If the changes he has mage to his front garden comply with permitted development, there is no action the council can take against him either.

    To move forward the the OP has to make changes to allow the the road to be adopted. I would look to ask the builder to help with the cost invlolved.
    • EachPenny
    • By EachPenny 9th Aug 18, 8:14 PM
    • 7,310 Posts
    • 19,790 Thanks
    EachPenny
    Just because the builder had to comply with certain planning matters to get their designs approved doesn't necessarily mean the permitted development has been removed from a property.
    Originally posted by stator
    Correct, removal/restriction of PD rights is not automatic, but is commonly done by planning authorities on new builds to ensure conditions and restrictions for the development are not circumvented by individual householders.

    As I said, it is difficult (but not impossible) to believe that PD rights for creating additional parking spaces were not removed.

    The first thing the OP ought to check is the PD status in relation to parking areas (and also any planning restrictions against the new(?) fence between his front garden and the neighbours).
    "In the future, everyone will be rich for 15 minutes"
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