Dropped Kerb put in - No Permission from me

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dave105
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Dropped Kerb put in - No Permission from me

Post by dave105 » Mon Aug 19, 2019 12:45 pm

Dear Colleagues,

Me and my neighbour share a drive which extends to the rear corners of both of our properties ( like an alleyway ).
My neighbour has approached the Council and put in a dropped kerb without even asking me or getting my permission.
I approached the Council and the person from highways told me that :
"pavement resurfacing works were taking place on the road and dropped kerbs were done quickly for people at a reduced cost. The engineer had made the necessary site assessment and only proceeded if there are no undue concerns or impacts. Extensive records were not kept of who applied for what".
The neighbour now parks two of his cars - one in the front drive and the other directly in front of the crossover, making access to my house difficult. He also intends to park in the alleyway between out houses - encroaching on my half of the drive.
I do not want this to happen as previously ( when there was no dropped kerb ), he would drive over the raised kerb and park commercial vehicles in the alleyway causing a real nuisance and disturbance.
I want to ask the following:

1) If the dropped kerb affects a 'shared' drive, surely my neighbour should have obtained my consent first before giving the works the go ahead with the Council ( the Council should at least have checked with me or sent me a letter ) ?.

2) Can I have the 'raised kerb' re-instated by the Council considering there was no consent from me and that my neighbour is abusing its use by parking cars on the part directly opposite the raised kerb but the nuisance of parking cars in the alleyway ?.

3) Is this a case of maladministration by the Council ? - no prior contact with me and no records of who applied for the dropped kerb

4) Technically, if the dropped kerb should not have been constructed because I did not consent to it ( regardless of the engineers assessment ), then it is still technically a 'raised kerb' and vulnerable to an enforcement notice ? - meaning my neighbours are still committing an offence of crossing a raised kerb under the Highways Act ?.

Any opinion / guidance is appreciated

Uriah Heap
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Re: Dropped Kerb put in - No Permission from me

Post by Uriah Heap » Mon Aug 19, 2019 11:20 pm

I doubt you will get any joy from the council. Our council put continuous dropped curbs all along our street without asking aybody. they decided to do it themselves. Trouble is these local councils are basically unaccountible to anyone. (hardly anybody votes in local elections anyway).

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Tue Aug 20, 2019 5:49 am

1) If the dropped kerb affects a 'shared' drive, surely my neighbour should have obtained my consent first before giving the works the go ahead with the Council ( the Council should at least have checked with me or sent me a letter ) ?.

2) Can I have the 'raised kerb' re-instated by the Council considering there was no consent from me and that my neighbour is abusing its use by parking cars on the part directly opposite the raised kerb but the nuisance of parking cars in the alleyway ?.

3) Is this a case of maladministration by the Council ? - no prior contact with me and no records of who applied for the dropped kerb

4) Technically, if the dropped kerb should not have been constructed because I did not consent to it ( regardless of the engineers assessment ), then it is still technically a 'raised kerb' and vulnerable to an enforcement notice ? - meaning my neighbours are still committing an offence of crossing a raised kerb under the Highways

1) No. They asked for something to be done on a public highway

2) You can ask. They have no reason to accede to your request.

3) No

4) Immaterial. The council were asked to provide a dropped kerb for a driveway and agreed.


If you had a drive and no dropped kerb then NEITHER of you should have be parking there. What your neighbour has done is regularised the situation and paid for it themselves. You have benefited by getting a a dropped kerb for a drive that you have use of for free. Whether you use it or not as a drive is, of course, your choice. The parking of vehicles on the shared portion is a problem that you have with your neighbour and of no concern to the council.

There may be something about parking commercial vehicles in your and their deeds but that is for you to persue

dave105
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Re: Dropped Kerb put in - No Permission from me

Post by dave105 » Tue Aug 20, 2019 8:43 am

Thanks for the advice mugwump.

There is a covenant that states that 'no nuisance' is to be caused to us. Taking in to consideration the number of cars the neighbour parks - at all hours - including no consideration for our half of the drive ( he's cracked some of the surface paving on our side of the drive and refuses to pay for the damage ),is there a method of enforcing this covenant ?.

Thank you

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Tue Aug 20, 2019 3:59 pm

Courts. How deep are your pockets?

mr sheen
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Re: Dropped Kerb put in - No Permission from me

Post by mr sheen » Tue Aug 20, 2019 8:39 pm

Enforcing a covenant is extremely costly and risky. Causing a 'nuisance' is a legal 'nuisance' not just common usage nuisance so the extent of nuisance is much higher than you identify if you are hoping for an injunction. If they block your access on a regular/daily basis then you may have a case.

Collaborate
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Re: Dropped Kerb put in - No Permission from me

Post by Collaborate » Thu Aug 22, 2019 4:25 pm

You'll have to post the precise wording of the rights you each have over the other's property. Will be a right of way most likely, without a right to park.

boeingman
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Re: Dropped Kerb put in - No Permission from me

Post by boeingman » Sun Nov 03, 2019 10:47 pm

Subject to certain exceptions it is illegal to park across a driveway with dropped kerbs. The main exception is with the driveway owners permission. If you find your driveway obstructed call the council parking enforcement department and your neighbours may well find themselves getting parking tickets!

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Mon Nov 04, 2019 5:35 am

Except that the neighbour is one of the owners so technically has permission,. I doubt a CEO would want to get involved.

FilthWizzard
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Re: Dropped Kerb put in - No Permission from me

Post by FilthWizzard » Mon Nov 04, 2019 12:28 pm

boeingman wrote:
Sun Nov 03, 2019 10:47 pm
Subject to certain exceptions it is illegal to park across a driveway with dropped kerbs. The main exception is with the driveway owners permission. If you find your driveway obstructed call the council parking enforcement department and your neighbours may well find themselves getting parking tickets!
My understanding is that it is not illegal to park across a driveway per say, but it is illegal to block someone's access to the highway. So, if there is a vehicle on the drive or in the garage that you are blocking then it would be illegal to park in such a manner. If, however, there is no vehicle there (so no garage or you know for sure the garage is empty, and nothing on the driveway) then you can block the drive. Of course, this prevents people from getting off the highway and on to the drive which will annoy them greatly, but is not illegal.

Please let me know if this understanding is incorrect.

boeingman
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Re: Dropped Kerb put in - No Permission from me

Post by boeingman » Wed Nov 06, 2019 9:23 am

From the Traffic Management Act 2004

86 Prohibition of parking at dropped footways etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i)assisting pedestrians crossing the carriageway,

(ii)assisting cyclists entering or leaving the carriageway, or

(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.

I've highlighted the last sentence. There is more but it's not relevant here.

Enforcement is either by the local council, if it's in a special enforcement area, or the police, if it's not. Good luck getting them interested, though!

FilthWizzard
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Re: Dropped Kerb put in - No Permission from me

Post by FilthWizzard » Wed Nov 06, 2019 10:36 am

Interesting, I wonder what a 'special enforcement area' might be? I've never seen that sign up anywhere.

mugwump
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Re: Dropped Kerb put in - No Permission from me

Post by mugwump » Wed Nov 06, 2019 1:18 pm

It's where parking has been decriminalised and is enforced by the council.

So a special enforcement area can be a complete county (Cheshire West & Chester being an example)

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