Planning issue - utilisation of an existing dropped kerb

[StevieP]

Hi,

 

We are looking to do an extension on our property which sits on a corner plot. The plans would mean moving the driveway. The current drive is in a part of the garden which is SW facing and gets the best of the afternoon sunshine. It is off a 20mph side road. We want to move the drive to the front of the house off the main road because:

- this is north facing part of the garden that is less useful

- it’s a noisier as it’s next to the faster road

- This would utilise a pre-existing dropped kerb.

- the current drive is long and thin so only one car at a time can exit and we frequently have to juggle cars due to one of us blocking the other in.

 

However, the planning agent and highways have expressed concerns about the drive coming off a faster (40mph) road. This isn’t a problem for all other houses on the road which already have a driveway. And it seems there is precedent by having a dropped kerb already in place. We just want to start using it…

So I’m looking for advice really:

- Is there a way of getting the original plans for the road when the dropped kerb was put in. I assume there must be some record and rationale providing access to the property off the main road.

- can they stop us using a dropped kerb if it already exists?

- what would be best way to appeal a likely rejection?

- any other thoughts?

 

Thanks

 

Steve

[ProDave]

It is probably all down to visibility distance and the speed of the road.  Just because there is an access there already, does not mean a new one will be approved if it does not meet the required visibility distance of a 40mph road.

 

Of course if, before you applied for planning for the extension you changed the driveway to be using the existing dropped curb to the 40mph road, then you could refer to continuing to use the existing access to the 40mph road.  that all depends of anybody notices if you have only just changed that.

[StevieP]

Thanks. Yes that’s basically what they are saying, despite all other houses accessing the same road with the same visibility. Planning already in thought so they would notice a change now. It will vastly affect plans if we can’t adjust the garden space, and the current drive is completely impractical 

[patp]

Find out what visibility splay is required by Highways on the road. Measure your visibility splay on the proposed new exit. If it conforms then you will have a good case. If the planners object then do make sure a human being comes out from Highways to measure the visibility splay. We had all sorts of problems because the, desk bound (working from home?!) planner told us that our proposed exit did not meet the criteria. After lengthy arguments we asked for a site visit and voila we got our proposed exit approved.

[StevieP]

Thank you, that is really useful. Their main objection is around some trees on the verge which are a feature of the road. I suppose it doesn’t matter that every other house also has trees flanking their exits?

[patp]

Ah  that could be a problem. The trees may have been smaller or the rules may have changed. Although it seems very unfair that you should be denied what the neighbours already have, highways will not see it like that. All you can do is measure up and hope that you have sufficient visibility splay to get it past them. It boils your P.... when you see people reversing out of their driveways all the time anyway!