kurb lowering help

[wacomuk]

Does anyone have experience with Kurb lowering?

We have 2 driveways the rear one is lowered but the front isn't.

My wife called the council today and it seems it has to be reviewed.

I have heard that some council's don't allow 2 driveways but both driveways have been there for 30 years.

Any help would be much appreciated

[rustie]

I don't know much about Wigan but based on my experience further north, the council will probably take the view that the kerbs should have been lowered when the drive was installed/the house was built.

They will probably be prepared to do it for you but will charge. They may also provide you with a list of recommended/approved contractors and suggest you arrange it yourself through one of them, also at your cost. I guess you'd be looking at maybe £2k but I'm way out of date with prices.

Hope this helps.

[Mark (smokey mow)]

If it doesn't have a dropped kerb at present then the Council may possibly view it as an unauthorised footway crossing, regardless of it having been used for the last 30years.  As such it may need planning permission and/or your county highways authorites consent to put in the dropped kerb.

Presuming consent is given then as above they will either then do the work for you (at a price) of have an approved contractor to install it who can undertake the work to thier required standard and propably more importantly for them have the appropriate level of public liability insurances in place.

[RedditchJay]

next door wanted a drop kerb...... est was £2500

they went to b&q and bought some instant tarmac in a bag   £30..... job sorted

[rustie]

Illegal unfortunately. I know lots of folk get away with it but if the highway authority ( local or county council ) turn nasty then there are consequences. It only takes one complaint.

[rustie]

Hmm. I tried ti include what Redditchjay said. That didn't work then.

[Mark (smokey mow)]

next door wanted a drop kerb...... est was £2500

they went to b&q and bought some instant tarmac in a bag   £30..... job sorted

Good luck to them with that.

A similar thing happened not far from me with several houses on one particular road.  The Council identified which ones didn't have consent and after negotiations with the residents failed they put fenicing bollards in the verges blocking access to the driveways.  They were then only removed after retrospective permission was sought.

Edit to add: Bear in mind that any damage caused to services (sewers, bt, gas, water, etc) buried in the footpath will be at your expense if you damage them either during the work or regularly driving over them.

Also any claims against the council for trips and falls from members of the public on the new tarmac will also be sought from the neigbour if they have done the work and not the council contractor.

[rustie]

That's the sort of thing I was getting at.

[SteveH]

If both driveways have been there for 30 years you have established use so should not need to apply for permission, the most it should need is for the council to confirm that they consider it to be an existing right. You may need old photos or aerial shots etc showing it there as evidence.  

Be aware that the planning departments often prefer you to apply for this kind of thing even if it isn't actually necessary as it fits in better with their usual systems and they are often judged on how many applications they get in and resolve on time whereas things like established use take up their time without adding to their stats, sounds stupid but you are dealing with bureaucrats here   .

For installation you should use an approved contractor with the relevant insurance but depending on the type of road you are on (how busy, how obvious etc) you might be tempted to DIY if you can make a decent job of it  

[nik9669]

But you could build a house on the drive and live there for 10 years without getting thrown off the land. Isn't Planning a wonderful thing!

[bobsy]

I thought about getting a second one put in at work, well I'd been thinking about it for the last ten years if I'm honest.

However it seems ten years ago it wouldn't have been a problem. But I spoke to a customer/friend of mine who is an approved contractor, and who I'd have used to do it, and he said not to even bother trying to apply, they just won't let you do it.

Where it would have gone, is a single yellow line just before the zig zags of a zebra crossing, it'd have made traffic flow safer and easier if anything. I may try and push it to be done at some point, but it's not exactly an emergency.

They may take that approach too, if it's been there 30yrs and you've managed, what's changed??

When the drive was dropped at my parents, it was a good 5mtrs wide and virtually on a corner. That was just pay the money and get someone to do it. Only thing I do remember was the spec of the new section of pavement we paid for was a way above the pavement of the rest of the street. Typically about a year later they recoated the whole road  

As Smokey mentioned, the damage to council property and risk of injury. You can just imagine how much that could cost to be corrected if it's council work and you're in the wrong    If someone did fall over on it £2500 would get swallowed but very quickly if they properly hurt themselves. Johnney Allen would have a field day with his injury lawyers 4u !!!!!

[westy1800]

Well, well, well... Kerbs, Driveways, Tarmac...... Call the PIKIES !!!!

Just think:

1) No planning permission required - an instant saving of £500+. If subsequently required quote the 'Human b****y Rights Act' - that'll take 10 years and numerous repreves in the High Court and still nothing done.

2) Tarmac - always plenty of tarmac left over - saving £30 at B&Q..!!

There you are, I've just saved you nearly £600.

This b****y country we live in..!!  

Westy1800

[Mark (smokey mow)]

Even though you have established use as a highway crossing it does not mean that planning is not required.  It merely means that;

a) it is outside of the time limit for any prosecution to be brought against you by the local authority for unlawful use,

and

b) any application for a certificate of lawfullness for established use would be viewed in your favour.  

Regardless of the above you would still need to obtain consent from the highways authority to carry out any works to their property (ie pavements, verges, roads, kerbing etc).

I know that some of the above comments are meant in jest a good humour but I cannot stress this fact enough.  If you cause damage to the county highway by doing the work yourself and are found out then you will be required to reinstate the works at your expense.  If you do a crap job and a member of the public has a trip or fall (think of all those pot-hole claims) ands makes a claim against the council they will seek to recover their expenses from whoever undertook the works.

[housebeautician]

A similar thing happened not far from me with several houses on one particular road.  The Council identified which ones didn't have consent and after negotiations with the residents failed they put fenicing bollards in the verges blocking access to the driveways.  They were then only removed after retrospective permission was sought.

Wonder how much that cost the tax payers

[wacomuk]

Thanks for all the info guys