Council now claiming dropped kerb illegal

[Pheo]

Hi all,

Bit of an odd one. Friend was having some work done on their driveway. At the same tome council decided to resurface their road.

Queue highways officer rocking up telling them their new driveway is illegal. Now have received an official letter asking for an immediate stop.

Driveway prior has been in place for many years (likely 25+), and evidenced on google maps back to 2013. They are consistent all up the road as well.

Don’t think they have any evidence of a license because it’s so old.

Anyone know what rights or remedies they might have? Obvious answer is to write back with said evidence, but was wondering if anyone here has experience?

[Rough101]

What work are they doing?

Most drives don’t comply, but enforcement is rare.

[Alex Z]

Are they claiming the dropped kerb is illegal, or that the resurfaced drive is illegal?

[Pheo]

They had their drive replaced on their properly from old concrete to gravel, and on part of the “verge” with cobbles. Not on the pavement though, that all remained as is. They only replaced items which where noticeably their existing drive materials. The only “questionable” bit are the cobbles, which are on grass which is forward of the hedge boundary, but still behind the pavement (so it’s unclear a little who’s land is who’s). Layout of the pavement is road - grass verge - pavement - grass verge - property fence. Curb of the road is dropped and has been for again many years.

Letter is written as if they have had a brand new vehicle crossing installed illegally or are driving over the pavement without the dropped curb. But clearly the driveways in this road have been there a very long time and are possibly original as built in the 50s/60s.

Seems really rather off that something that has been there for many many years could be revoked by the council - what’s to stop anyone’s dropped kerb / driveway access suddenly being declared illegal 20+ years after it was done (and all the permissions may have been in place but who is going to have those docs from so long ago?)

[Terminator X]

After 6 years none of their business surely?

TX.

[smokey mow]

Terminator X said:

After 6 years none of their business surely?

TX.

That’s only relevant to planning matters within the curtilage of your property, not works carried out to highways .

[WhiskyDisco]

In Birmingham we have a problem with dropped kerbs being introduced onto streets that already have parking problems. This article describes how "eccentric parking" and HMOs have caused problems for bin collections. The dropped kerbs being introduced have added to that problem. The article goes on to talking about the lack of action and data gathering by the council adding to the sense of lawlessness in the area.

https://www.birminghamdispatch.co.uk/small-heath-i...

[Sford]

I think with my old parents house in Stratford-upon-Avon, that grass section in front of the hedge between the pavement and their hedge boundary isn't technically theirs and should be grass with the cobbles. If it's been integrated with the rest of the driveway then I think that is where their issue lies. We used to park on the grass in the summer but when it was wet it was out of bounds. Was a while ago mind.

[55palfers]

WhiskyDisco said:

In Birmingham we have a problem with dropped kerbs being introduced onto streets that already have parking problems. This article describes how "eccentric parking" and HMOs have caused problems for bin collections. The dropped kerbs being introduced have added to that problem. The article goes on to talking about the lack of action and data gathering by the council adding to the sense of lawlessness in the area.

https://www.birminghamdispatch.co.uk/small-heath-i...

Ah, Small Heath. The wild west of Birmingham.

[Evanivitch]

Pheo said:

They had their drive replaced on their properly from old concrete to gravel,

Is there a mean to retain gravel at the entrance?

[Bill]

Have all the neighbours had similar letters??

[Pheo]

Evanivitch said:

Is there a mean to retain gravel at the entrance?

Yes the cobbles they’ve added are there to do that, although this is not what the council has complained about - which I emphasise did not cover any existing grass, it was already a concrete vehicle crossing. They’ve done nothing other than replace the concrete with new materials due to it being a bit old and looking a bit crap. They have not created any new vehicle crossover.

[blueg33]

55palfers said:

Ah, Small Heath. The wild west of Birmingham.

Strueth. What does that make Ladywood or Castle Vale?

[K is King]

Pheo said:

They had their drive replaced on their properly from old concrete to gravel, and on part of the verge with cobbles.

The bit quoted above in bold is the bit that is causing the problems. The section of drive across the verge is called a 'vehicular crossover' and the land will be owned by highways.

By replacing this with cobbles they have performed work without permission on land and property they do not own. Hence why Highways is now upset about it.

They should have sought permission........


When we purchased our house the crossover for us was old broken up tarmac. A quick email to the local highways dept requesting permission to replace at my own cost (using their contractor) resulted in quite quickly repair markings appearing one day and not long after I came home to a newly finished surface. Looking back on the CCTV they even cut out the old down to a good depth, replaced the subbase and properly laid a new surface.

I was never billed a penny.

[Evanivitch]

K is King said:

The bit quoted above in bold is the bit that is causing the problems. The section of drive across the verge is called a 'vehicular crossover' and the land will be owned by highways.

Not always. My parents property deeds are upto the kerbside, which includes pedestrian pavement and couple metres width of grass verge. Council mow it...

[K is King]

Evanivitch said:

Not always. My parents property deeds are upto the kerbside, which includes pedestrian pavement and couple meters width of grass verge. Council mow it...

Bear in mind the property boundaries on deeds are not to scale and the thick red lines don't clearly define the actual boundary to a thin line on the ground so to speak.

Given the it includes the public pavement and council mow it that indicates that it isn't owned by your parents and is in fact highways.

I very much doubt your parents are responsible for the upkeep of the pedestrian pavement and any liabilities for injuries caused to the public should it not be upkept.

Edited by K is King on Friday 11th July 09:36

[Terminator X]

smokey mow said:

Terminator X said:

After 6 years none of their business surely?

TX.

That s only relevant to planning matters within the curtilage of your property, not works carried out to highways .

Statute of limitations applies to everything, it's the law. No?

TX.

Edit - my bad just reread OP and it's a new drive not the old one

Edited by Terminator X on Friday 11th July 09:48

[55palfers]

blueg33 said:

55palfers said:

Ah, Small Heath. The wild west of Birmingham.

Strueth. What does that make Ladywood or Castle Vale?

The Badlands