Evenings 6pm - 2am

Find out what chance you have with your Kerb Planning Appeal Success Rate

Appeal Kerb Planning Application - How can we help?

Kerb Planning Appeals 

Residential Dropped Kerbs

A dropped kerb planning appeals provides you with legal access to your property using a car or another form of domestic vehicle.

In order to create them, the kerbs are dropped from their normal height, and the pavement is then strengthened so that it can withstand the weight of the vehicle driving over it.

It should be noted that you must not use large non-domestic vehicles on the dropped kerb. Similarly,

you cannot park your car on it.

Why are they dropped? It allows your car to access your drive without risking damage to its underside, or to the pavement.

You will find that a dropped kerb can be located at the side, front, or rear of a property, and it will almost always lead to a driveway or a garage.

If you make an application that will cause any of the following, it is highly likely to be rejected:

  • Access across expansive open space
  • The loss of large green spaces
  • A detrimental impact on the visual amenity  of the area

You can try to appeal the decision, but the majority of the time the officer’s ruling is final. – Do we want to say thi????

Legal Considerations

Under the Highways Act 1980, you are not permitted to drive over a footpath or verge unless a dropped kerb has been both improved and installed by the council.

If you choose to drive over a footpath or verge that does not have an approved dropped kerb, you are running the risk of damaging the path,

as well as any pipes or cables that might be running underneath it. As a result, you may be held liable for any damage caused.

Generally speaking, planning permission will be required if:

Access is required from a classified road (A, B, C)

Access is to a commercial site, flats, or maisonettes

If, at any point, you are unsure about the access it is your responsibility to check. You can contact your local planning department

in order to determine the type of access required, and if it will need planning permission.

There are some unclassified roads that may need planning permission.

Similarly, you may also need to get approval if you are seeking to construct a new driveway,

or hardstanding, or extending an existing one on your property. If you are not sure whether planning permission is actually required,

you should check with your local planning department before proceeding.

The information you find below may vary from council to council.

The positioning of the proposed access must be at least 15 metres away from a road junction.

The officer assessing the location may decide to reduce this to 10 metres if it is in a cul-de-sac or a minor estate road.

As long as they feel it is safe, this reduction in distance will generally be granted.

The proposed dropped kerb must not affect the flow of traffic, pedestrian crossings, or traffic lights.

It must also be outside of the confines of any zigzag lines. If there is a parking bay or layby at the proposed point of access, the application will be immediately refused.

It should be noted that the LCA will not remove healthy trees in order to construct a dropped kerb,

and it will not be created within the canopy or root protection area of a tree. They will also refuse to relocate any bus stops, and will strongly consider the visibility of the exit point.

This is for the safety of both vehicles and pedestrians, and the assessing officer will ensure that they apply current national guidelines when making their decision.

If you live on a non-residential road with a speed limit that is in excess of 50mph, your application will only be approved if there is acceptable space within your property boundaries to turn your vehicle 180-degrees. This is to ensure that you to not reverse into the road, or from it to return home. If you are not found to have sufficient space, your application will be refused.

What if my application is refused?

If you have had your application refused, it’s not necessarily the end. You will be able to appeal the decision in a bid to  change their mind.