Neighbour application for a dropped kerb,will I be notified?
Discussion
As the title really.
Neighbour has contructed a driveway to the roadside.
There is no dropped kerb.
They have just put the property on the market, and I guess the driveway is to create the impression of "off street parking"
To the best of my knowledge no vehicle has ever parked on that property,and present owners know that.
Future owners may apply for a dropped kerb, or simply use it "as is"
My vehicle, parked across the other side of the road, where it has done for previous 12+years (as did previous owners of my house), would be then "causing an obstruction" and hence expose me to prosecution.
So.. if current, or future owners apply will I be notified?
And if current or future owners start using it as a drive, even without a crossing, am I still being illegal by parking opposite it?
(I know I have no right to the kerb side parking space outside my house etc. etc... am just fishing for "how I stand" ... I do have a dropped kerb and driveway ,elsewhere, but its a) shot, b) narrow and c) slopes down to the roadside making only really useful for transitting to my garage not parking on, and would be an expensive, planning permission, and significant earthworks project to make it suitable for parking, so the "status quo" suits me fine)
Neighbour has contructed a driveway to the roadside.
There is no dropped kerb.
They have just put the property on the market, and I guess the driveway is to create the impression of "off street parking"
To the best of my knowledge no vehicle has ever parked on that property,and present owners know that.
Future owners may apply for a dropped kerb, or simply use it "as is"
My vehicle, parked across the other side of the road, where it has done for previous 12+years (as did previous owners of my house), would be then "causing an obstruction" and hence expose me to prosecution.
So.. if current, or future owners apply will I be notified?
And if current or future owners start using it as a drive, even without a crossing, am I still being illegal by parking opposite it?
(I know I have no right to the kerb side parking space outside my house etc. etc... am just fishing for "how I stand" ... I do have a dropped kerb and driveway ,elsewhere, but its a) shot, b) narrow and c) slopes down to the roadside making only really useful for transitting to my garage not parking on, and would be an expensive, planning permission, and significant earthworks project to make it suitable for parking, so the "status quo" suits me fine)
Oakey said:
How big is the road and will them using the drive be a problem if your car is parked opposite?
It <might> be doable with small car with high ground clearance and mine opposite - but extremely tight. In the winter, with ice on the road, and the transition of slopes/textures - I forsee tears.
(Every other dropped kerb on the street is opposite another, probably for this reason)
Am sure if it was pressed into service, neighbourly agreements could be made. But with the property on the market, all reference to its history as a "path" will be lost.
Is the area a CPZ, based on your post I would guess no. You could argue that allowing someone to park off street could reduce the strain of parking on street.
Start reading the information on the council web site, it will probably give you everything you need to know, unless your neighbour is a bit daft I doubt they would have constructed a drive if they couldn’t drop the kerb, after all it’s illegal to cross the footway without a formal crossover.
To be completely honest mate it does sound a bit off to object to someone parking off street when you already have the facility yourself, if though you don’t use it. As for the “consultation” it will depend on the council policy.
Start reading the information on the council web site, it will probably give you everything you need to know, unless your neighbour is a bit daft I doubt they would have constructed a drive if they couldn’t drop the kerb, after all it’s illegal to cross the footway without a formal crossover.
To be completely honest mate it does sound a bit off to object to someone parking off street when you already have the facility yourself, if though you don’t use it. As for the “consultation” it will depend on the council policy.
Type R Tom said:
To be completely honest mate it does sound a bit off to object to someone parking off street when you already have the facility yourself, if though you don’t use it. As for the “consultation” it will depend on the council policy.
No I agree. And its no defence that to make mine usable is a several thousand pound project needing a substantial retaining wall, resurfacing, additional drainage.., its literally only inches wider than my car, solid fence one side, 2 foot drop the other. Fine to drive over to my garage, substantial works (or swap my car for a narrow Renault Twizy) to use it for parking.
And I am more than willing to be "neighbourly". Please dont interpret this as "outrage"
As for the "drive", its not in service, it looks like a drive, but could also just be a wide path, its just always previously been an overgrown path, but if it always was a drive that simply fell into 20+ yrs disuse am content to fall on my sword and not park opposite.
My main question is over sequencing - hence the title "will I be notified", and supplementary question, will I be (or am I already) causing an obstruction, and hence behaving illegally - but on the sequencing, you're right - I should download and read council policy, but the last thing I want is legal issues, or a car shaped hole in the side of mine and my insurance company telling me to get stuffed.
jellypig said:
Future owners may apply for a dropped kerb, or simply use it "as is"
jellypig said:
My vehicle, parked across the other side of the road, where it has done for previous 12+years (as did previous owners of my house), would be then "causing an obstruction" and hence expose me to prosecution.
We've looked at this in relation to my daughter's house where the road is pretty narrow, everyone has a garage (not used) and a drive for one car, but average household seems to have 3 cars - so the result is bedlam. All of the rules / regulations / law seems to relate to people parking across the drive, we couldn't find anything (other than general obstruction) relating to people parking opposite.
Consultation to neighbours over a dropped kerb is not usually done. If the applicants are eligible based on the council requirements then they will get permission granted. As far as causing an obstruction, can you not just move 5m down the road? I dont think the 'ive parked here for ages' angle will go anywhere. That said if the road is thin enough for you to be an obstruction on the other side of the road, it may get refused anyway.
Planning is only usually required on certain classifications of road.
If an applicaiton is made someone from the council will be out to review the site and mark on the pavement the outlines of a crossover if approved. Mine did this and the contractor started and finished within the week. If you see the guy you could put your point across but he may or may not listen. Driving over the pavement to a driveway is illegal without a proper crossover.
Planning is only usually required on certain classifications of road.
If an applicaiton is made someone from the council will be out to review the site and mark on the pavement the outlines of a crossover if approved. Mine did this and the contractor started and finished within the week. If you see the guy you could put your point across but he may or may not listen. Driving over the pavement to a driveway is illegal without a proper crossover.
Edited by vescaegg on Tuesday 6th May 15:26
By coincidence I have both contacted the local Council's Parking Department and the Police over off street parking issues.
I own a block of rental flats in the Bristol area, with neighbours who have created off street parking, some through planning applications/permission, and two neighbours who have created them same without requesting planning approval.
My initial contact with the Council was to ask if I needed to make a planning application, "Yes" I was informed, and since you are a commercial property, rental, there will be a charge of £295. So I asked what about the properties that have failed to make a planning application, their reply being well unless we receive a complaint from a member of the public, then the Council will take no enforcement action against these home owners.
I followed up my above request, by asking what action the parking services would take if I was reported for parking outside the front of any off street parking area, including a neighbour's garage. The Council's parking services directed my enquiries to the Police, which I still await their reply.
It really annoys me when neighbours with off street parking, not only still park in the street, but not outside their homes, but outside neighbours home who do not have off street parking. It was pointed out to me last week that I was obstructing access to a garage, when I moved, the complainant then parked in the road fronting his garage.
I own a block of rental flats in the Bristol area, with neighbours who have created off street parking, some through planning applications/permission, and two neighbours who have created them same without requesting planning approval.
My initial contact with the Council was to ask if I needed to make a planning application, "Yes" I was informed, and since you are a commercial property, rental, there will be a charge of £295. So I asked what about the properties that have failed to make a planning application, their reply being well unless we receive a complaint from a member of the public, then the Council will take no enforcement action against these home owners.
I followed up my above request, by asking what action the parking services would take if I was reported for parking outside the front of any off street parking area, including a neighbour's garage. The Council's parking services directed my enquiries to the Police, which I still await their reply.
It really annoys me when neighbours with off street parking, not only still park in the street, but not outside their homes, but outside neighbours home who do not have off street parking. It was pointed out to me last week that I was obstructing access to a garage, when I moved, the complainant then parked in the road fronting his garage.
jellypig said:
OK thanks.
So I've learned, its illegal to use as is (though I guess not enforced unless someone complains), the application process is at County not District level, but I am unlikely to be informed of that process unless I see the results afterwards.
Yes, in theory it is illegal but I have never seen that enforced - I bumped up over the kerb for 6 month (including in front of the highways agency guy who turned up a bit early before I had gone to work) until they did ours.So I've learned, its illegal to use as is (though I guess not enforced unless someone complains), the application process is at County not District level, but I am unlikely to be informed of that process unless I see the results afterwards.
In Hampshire its the local Highways Agency that deals with it. You send the application to the county council, they send it to the Highways Division who comes out and marks where it would go and if you give the OK their preferred supplier comes out and does the work.
The neighbours are not notified. Afaik, its not illegal to park over the road from a dropped kerb (just makes life difficult for the person getting out of the drive), but parking in front of one is as that hinders access.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff