Highways/Drop Kerb Query

[Shush0r]

I have a bit of a funny one.

 

I am converting a bungalow into a detached house and as a result the LA + Highways etc wanted me to increase the onsite parking provision from 1 space to 3 spaces (I currently have one parking space served by a single drop kerb).

 

I received planning permission to implement a second, double, drop kerb along with a further 2 on site spaces served from this dropped kerb, highways were consulted during the process and were happy with this solution. They also stuck on a pre-occupation condition requiring me to implement this dropped kerb. 

 

I then applied for this new dropped kerb, chased a few times - finally 17 weeks later I received a call out of the blue from the planning officer saying that the LA are now not happy with the second dropped kerb and they want me to submit a minor amendment to 'shut off' my original dropped kerb and just have the new double (and now just two onsite spaces).

 

Where do I stand on this? They have clearly messed up here. Surely any costs in achieving what they now want should be down to them?

 

Any advice gratefully received.

 

 

[joe90]

I am not an expert on this type of thing but if you have planning permission granted by the LA and highways consulted can they legally change their mind? Might be worth consulting a planning consultant to find where you stand.

[Dave Jones]

dont submit the minor amendment, you are enacting your planning permission. If you change how you do that the council could enforce against you.

 

Sounds like a job for your local councillor to sort out.

[ProDave]

You have permission for the dropped kerb.  Say no more, and just get a contractor with a minor street works permit to make the dropped kerb for you.

[joe90]

5 minutes ago, ProDave said:

You have permission for the dropped kerb.  Say no more, and just get a contractor with a minor street works permit to make the dropped kerb for you.

+1 ASAP 

[BadgerBadger]

1 hour ago, ProDave said:

You have permission for the dropped kerb.  Say no more, and just get a contractor with a minor street works permit to make the dropped kerb for you.

Hold on! They have planning permission for the dropped kerb, but it sounds like highways have held back on the subsequent consent to implement it. Our Planning Permission was very clear we needed the subsequent dropped kerb / verge crossing consent, even though highways had been consulted.

 

Not sure on the best way forward, but ploughing on without the right highways consent is probably not it....

[joe90]

5 hours ago, Shush0r said:

highways were consulted during the process and were happy with this solution.

 

9 minutes ago, BadgerBadger said:

but it sounds like highways have held back on the subsequent consent to implement it.

 

5 hours ago, Shush0r said:

the LA are now not happy with the second dropped kerb

I don’t think the highways dept have changed their mind. it really depends if you want two or three parking spaces, if you want two then amend (but refuse to pay their fee as it’s their “change of mind “ not yours). If you want three tell them they cannot change their mind and call their bluff ?.

[Shush0r]

22 minutes ago, BadgerBadger said:

Hold on! They have planning permission for the dropped kerb, but it sounds like highways have held back on the subsequent consent to implement it. Our Planning Permission was very clear we needed the subsequent dropped kerb / verge crossing consent, even though highways had been consulted.

 

Not sure on the best way forward, but ploughing on without the right highways consent is probably not it....

 

This is the exact scenario !

[Temp]

Seems you may need both PP and Highways Consent...

 

https://www.essexhighways.org/applications/vehicle-crossings-dropped-kerbs

 

Quote

9. I have planning permission for my vehicle crossing, why do I need to seek Highway’s permission?

Any work within or affecting the highway is to be agreed by Essex County Council, the Highway Authority, as we are responsible for the maintenance of the highway.
 

 

https://www.northwarks.gov.uk/info/20027/development_control/1040/dropped_kerbs_and_highways_planning_guidance

 

Quote

 

 

A - Road (Trunked e.g. A5) - you need a Planning Application.

A - Road - you need a Planning Application

B - Road - you need a Planning Application and Warwickshire County Council consent

C - Road - you need a Planning Application and Warwickshire County Council consent

D - Road - Generally No. However, if you are installing the dropped kerb separate to other works granted under permitted development rights (example - a driveway), then you will require planning permission.

Unclassified road you do not need a Planning Application but check with Warwickshire County Council
 

 

 

 

https://www.centralbedfordshire.gov.uk/info/56/request_a_dropped_kerb_h_bar_or_skip_permit/589/dropped_kerb_-_applications_conditions_and_limitations/3

 

Quote

 

 

If your property is on a classified road you will need to apply for planning permission, which needs to be approved before you can proceed with your dropped kerb application.
 

 

 

 

 

 

Edited December 6, 2021 by Temp
Failed attempt to fix the formatting.

[joe90]

22 minutes ago, Temp said:

Seems you may need both PP and Highways Consent...

But was this not done?

 

9 hours ago, Shush0r said:

highways were consulted during the process and were happy with this solution.

So are you saying not only must  they be consulted but their permission sought? So highways did change their mind eh?

[Shush0r]

12 hours ago, joe90 said:

But was this not done?

 

So are you saying not only must  they be consulted but their permission sought? So highways did change their mind eh?

It appears that they have, there doesn't appear to be much I can do about it either. Annoying.

[joe90]

But do you still want three spaces?