Vehicle Access Point

Honest John Back Room » Legal matters
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Sun 12 Sep 2021 15:45
Vehicle Access Point - John Booker

I have just moved into a new house in April 2021.

The previous owner parked 2 cars on drive for over 13 years no problems.

Neighbours say there has been a dropped kerb/vehicle access point for at least 30 years.

If you look on google maps you can see it. SS9 4SG Junction with Larchwood Close, corner plot with blue car parked (not mine from 2012)

www.google.co.uk/maps/@51.5687134,0.6346459,3a,75y...6

Received a letter from council saying "there is no vehicle crossing or it is inadequate", that I need to apply for a vehicle crossover and enforcement action will be taken against me if I keep parking on my drive?

They included a photo which is almost identical to google so first steps is to ask why as you can clearly see the crossover point and residents have enjoyed access for over thirty years?

Any points of view welcome

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Sun 12 Sep 2021 16:18
Vehicle Access Point - FP

It seems to me that you need to talk to the council. It looks likely is that someone at the council has decided the access is "inadequate".

Check this: www.southend.gov.uk/downloads/file/7154/vehicle-cr...1

Under "Conditions where your application will not be approved: 6. If the proposed crossover is less than 10 metres from a minor junction..."

It looks possible that you may have to move the crossing, assuming you have room to have a dropped kerb at all.

I can only assume the regulations have changed since the crossing was installed over thirty years ago.

I assume it's the Planning Department you will need to approach?

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Sun 12 Sep 2021 16:30
Vehicle Access Point - Bromptonaut

Looking at Streetview I wonder if the current arrangement is a piece of 'DIY' by a previous occupant. It is as already observed very close to the side junction though I'd have thought that could be mitigated for by removing/reducing the boundary hedge.

I think you need to have a proper conversation, with outcomes formally recorded, with the relevant Officers in the Council. You may need to involve your ward councillor and possibly professional advice. I wonder if @Happy Blue of this parish who is a Surveyor would comment?

Keep us posted.

Edited by Bromptonaut on 12/09/2021 at 16:32

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Sun 12 Sep 2021 16:36
Vehicle Access Point - John Booker

All of the vehicle access points in this road are of a similar construction to this

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Sun 12 Sep 2021 16:37
Vehicle Access Point - John Booker

Yes there are no longer any bushes, a small wall with fencing about two feet high is now present

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Sun 12 Sep 2021 16:41
Vehicle Access Point - John Booker

I have sent an email asking why I have to apply for a new vehicle crossing point when one is clearly present? Separately I have requested a copy of the vehicular access planning request that was conditionally approved prior to the building of a garage in 1967 from the planning department

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Sun 12 Sep 2021 16:34
Vehicle Access Point - John Booker

Its the Highways Department,

I just don't see how they can apply current rules to something that predates the Highways Act 1980? I found on by house searches that planning permission was granted for vehicular access in 1967, and building control signed of the garage in 1970. if my self and others have enjoyed and used the current vehicle crossover point for almost 50 years I don't see that they can reverse it without a major event occurring?

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Sun 12 Sep 2021 18:01
Vehicle Access Point - MGspannerman

Our daughter and son in law have a somewhat similar set up. There is slightly more distance between the joining road and the driveway, but not much. The road to their side is a cut de sac with no through traffic. No problems from the planners, their house was there first and the close built somewhat later. All relatively modern houses so history probably going back no more than thirty or forty years. In fact they recently applied for planning for an extension, which was granted with no problem or mention of access.

Diverging somewhat, I recognise the road and know the area well having been brought up in the "Sarf'end" area. In fact I know a chap who ran a car sales business many years ago who had a car stolen. It was found down that road up on blocks with the alloy wheels removed. A considerably scruffier vehicle was found no more than a hundred yards down the road - sporting a very nice set of shiny alloys!

Edited by MGspannerman on 12/09/2021 at 18:02

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Sun 12 Sep 2021 22:20
Vehicle Access Point - focussed

When we moved into this house in 1974 the dropped kerb access was not in line with the paved drive leading to the garage. it was to the left, aligned with the front door :-)

www.google.com/maps/@52.1512091,-0.5330812,3a,75y,...6

It was a new estate in the process of being built then, so we complained to the site agent and the builder extended the dropped kerb to the right where it is now. As a result we got a double width dropped kerb access to park two cars on, after I had laid the slabs to extend the driveway to the left. You can see that the corner kerbstone on the right doesn't quite match the left hand one.

No official paperwork or complaints in the 19 years we lived there.

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Mon 13 Sep 2021 17:48
Vehicle Access Point - FP

A footnote to my earlier post.

This morning I was waiting for a bus home and opposite the bus stop, on a residential side-street, the two end houses, on the corner, had "crossings" that were right adjacent to the curved part of the kerb. It was impossible for the houses in question to have a dropped kerb less than 2/3 metres from the junction. Admittedly the road in question was a cul-de-sac, but I don't believe the 10-metre rule, which seems universal across different local authorities, is slavishly adhered to.

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Fri 17 Sep 2021 21:03
Vehicle Access Point - Miniman777
If the council are questioning the legality of your access, you could ask them about the house on the corner of Woodside on Street View with the camper van. Looks similar to yours and the kerbs on the corner look to have sunk.
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