SECTION 184 HIGHWAYS ACT 1980- DRIVING OVER A FOOTWAY .
Discussion
OpulentBob said:
Car-Matt said:
OpulentBob said:
Don't need it - if you are likely to flood your own house, then it's your problem. If a 2.5m x 5m parking bay is going to cause that much additional water run-off to create a flood risk, then your house has bigger problems than just a lack of parking!
If you are changing previously porous land to a non porous hardstanding such as a front garden to park on then I’m afraid you do need planning permission if it’s more than 5sqm https://www.planningportal.co.uk/info/200130/commo...
My local authority require PP if you for example tarmac your grass front garden.....nothing to do with cars necessarily (but it’s the usual reason, so folk can park) it’s to do with drainage and converting what was once natural to a focussed soakaway or the drains.
S184 relates to crossing a footway, rather than parking on it.
When you park on the footway, you're obstructing the highway, which unless there are restrictions in place, is a police matter and not a 184 issue.
If you're crossing over an un-lowered section of footway to gain access to your property, then that is an offence under Section 184 of the Highways Act and you can be fined for it by the Highway Authority rather than the police through legal proceedings.
However, you have to be proven to be doing it habitually, in a motor propelled vehicle and last time I checked, the fine itself was 20 quid.
But, as has been pointed out, it's not wise to continue if the LA is pressing the matter.
Bollards would be one way of dealing with, I guess and not beyond the realm of unusual.
Part of the lowering of the footway also involves digging it out and strengthening it to take the weight of a vehicle. LA's keep a record of works like this, if they can demonstrate it's NOT been strengthened and damage results to the services underneath, like water, elec supplies or BT Fibre, then they will point the Stat in your direction and you will be liable for the cost of any resulting damage (Google Street View is also rather handy as an evidence base). You really don't want to be paying for anything BTish, IME they don't get out of bed for less than 20k
- I'm a Highway Engineer for a LA. My Department deals with S184s...
When you park on the footway, you're obstructing the highway, which unless there are restrictions in place, is a police matter and not a 184 issue.
If you're crossing over an un-lowered section of footway to gain access to your property, then that is an offence under Section 184 of the Highways Act and you can be fined for it by the Highway Authority rather than the police through legal proceedings.
However, you have to be proven to be doing it habitually, in a motor propelled vehicle and last time I checked, the fine itself was 20 quid.
But, as has been pointed out, it's not wise to continue if the LA is pressing the matter.
Bollards would be one way of dealing with, I guess and not beyond the realm of unusual.
Part of the lowering of the footway also involves digging it out and strengthening it to take the weight of a vehicle. LA's keep a record of works like this, if they can demonstrate it's NOT been strengthened and damage results to the services underneath, like water, elec supplies or BT Fibre, then they will point the Stat in your direction and you will be liable for the cost of any resulting damage (Google Street View is also rather handy as an evidence base). You really don't want to be paying for anything BTish, IME they don't get out of bed for less than 20k
- I'm a Highway Engineer for a LA. My Department deals with S184s...
Edited by Zombie on Friday 22 June 02:03
Car-Matt said:
OpulentBob said:
Car-Matt said:
OpulentBob said:
Don't need it - if you are likely to flood your own house, then it's your problem. If a 2.5m x 5m parking bay is going to cause that much additional water run-off to create a flood risk, then your house has bigger problems than just a lack of parking!
If you are changing previously porous land to a non porous hardstanding such as a front garden to park on then I’m afraid you do need planning permission if it’s more than 5sqm https://www.planningportal.co.uk/info/200130/commo...
My local authority require PP if you for example tarmac your grass front garden.....nothing to do with cars necessarily (but it’s the usual reason, so folk can park) it’s to do with drainage and converting what was once natural to a focussed soakaway or the drains.
The planning legislation (in Wales at least) is a bit ambiguous in that some Planners will say that the alterations to the Footway require planning consent, where others will say, the changes to the access opening require consent. The remainder will say either...
In addition, the formation of an access from an estate or Unclasified highway, can only be carried out without the benefit of planning consent under PD (Permitted Development) rights. e.g. An access to an undeveloped field has no associated PD rights and would require planning permission...
And yes, the formation of IMPERMEABLE NEW of hard standings (driveways) also require planning consent. There's this thing called flooding and flash run off that us intransigent LA's are required to consider.
Peeps don't like their houses being filled with water, fecal matter, bog roll and used towels/tampons for some bizarre reason. Who knew?
Edited by Zombie on Friday 22 June 01:01
Car-Matt said:
OpulentBob said:
Car-Matt said:
OpulentBob said:
Don't need it - if you are likely to flood your own house, then it's your problem. If a 2.5m x 5m parking bay is going to cause that much additional water run-off to create a flood risk, then your house has bigger problems than just a lack of parking!
If you are changing previously porous land to a non porous hardstanding such as a front garden to park on then I’m afraid you do need planning permission if it’s more than 5sqm https://www.planningportal.co.uk/info/200130/commo...
My local authority require PP if you for example tarmac your grass front garden.....nothing to do with cars necessarily (but it’s the usual reason, so folk can park) it’s to do with drainage and converting what was once natural to a focussed soakaway or the drains.
Zombie said:
S184 relates to crossing a footway, rather than parking on it.
When you park on the footway, you're obstructing the highway, which unless there are restrictions in place, is a police matter and not a 184 issue.
If you're crossing over an un-lowered section of footway to gain access to your property, then that is an offence under Section 184 of the Highways Act and you can be fined for it by the Highway Authority rather than the police through legal proceedings.
However, you have to be proven to be doing it habitually, in a motor propelled vehicle and last time I checked, the fine itself was 20 quid.
But, as has been pointed out, it's not wise to continue if the LA is pressing the matter.
Bollards would be one way of dealing with, I guess and not beyond the realm of unusual.
Part of the lowering of the footway also involves digging it out and strengthening it to take the weight of a vehicle. LA's keep a record of works like this, if they can demonstrate it's NOT been strengthened and damage results to the services underneath, like water, elec supplies or BT Fibre, then they will point the Stat in your direction and you will be liable for the cost of any resulting damage (Google Street View is also rather handy as an evidence base). You really don't want to be paying for anything BTish, IME they don't get out of bed for less than 20k
- I'm a Highway Engineer for a LA. My Department deals with S184s...
Thanks, Zombie- rather makes our "learned" county councillor look like she's talking out of rear ,then, as she was of opinion that unless pavement was obstructed and only then ,that it was a Plice matter. When you park on the footway, you're obstructing the highway, which unless there are restrictions in place, is a police matter and not a 184 issue.
If you're crossing over an un-lowered section of footway to gain access to your property, then that is an offence under Section 184 of the Highways Act and you can be fined for it by the Highway Authority rather than the police through legal proceedings.
However, you have to be proven to be doing it habitually, in a motor propelled vehicle and last time I checked, the fine itself was 20 quid.
But, as has been pointed out, it's not wise to continue if the LA is pressing the matter.
Bollards would be one way of dealing with, I guess and not beyond the realm of unusual.
Part of the lowering of the footway also involves digging it out and strengthening it to take the weight of a vehicle. LA's keep a record of works like this, if they can demonstrate it's NOT been strengthened and damage results to the services underneath, like water, elec supplies or BT Fibre, then they will point the Stat in your direction and you will be liable for the cost of any resulting damage (Google Street View is also rather handy as an evidence base). You really don't want to be paying for anything BTish, IME they don't get out of bed for less than 20k
- I'm a Highway Engineer for a LA. My Department deals with S184s...
Edited by Zombie on Friday 22 June 02:03
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