Dropped kerb planning permission?

[hannh29101]

We're in the process of buying our first property, first floor flat. On viewing the vendor told us he had previously looked into planning permission for getting the front garden turned into a drive/dropped kerb and it was all ok'd.

We really want to be able to do this as parking is a bit tight and lots of other properties on the street have done it, so we want to make sure what he said is correct.

Is this something our solicitor can look into for us if we asked them? Or only something we can do ourselves?

If planning permission was granted it’ll be available to view in the local council planning website. Your solicitor will be able to check it over too. It’s not cheap to have done and most councils only have a few ‘approved’ contractors

@Nanananani

If planning permission was granted it’ll be available to view in the local council planning website. Your solicitor will be able to check it over too. It’s not cheap to have done and most councils only have a few ‘approved’ contractors

Thank you, I've just had a look on the search function and it's not listed on there. There are also no other dropped kerb requests listed so not sure if they are included in it?

I'm not sure if he actually put the full request in or just enquired.

Do you know if I am able to put in a request if I don't own the property yet?

I would look at the council's rules. If lots of other properties already have a dropped kerb, it should be okay but there will be rules about depth of space between the pavement and building and distance from lamp posts etc.

If you're on the first floor, what about the ground floor? Do you actually own the space in front of the building?

If it has been approved he should have a letter from the council to confirm it - it isn’t “planning permission” as such, so won’t be listed on the portal. Ask for a copy of the approval letter? It should say the cost (usually several hundred) and if there’s a time limit on permission.

We didn't need planning permission for dropping either of our dropped kerbs.

I had to pay £30 to email the council to ask whether it needed planning permission....then I had to provide that letter (which said no) when I did the full application.

The full process should be on your councils website.

You can apply and get it but depending who the freeholder is they may not given permission for you to do it. You don't own the driveway/communal ground normally that will belong to the freeholder.

THere are several issues here.

1. You will need consent from the highways department to actually construct the dropped kerb. You have to pay for the works and they usually have a list of approved contractors which you have to use.

1. Separate from this, planning permission is required to create an access to a highway if it is onto a classified road (A, B or C road). The main issue here will be road safety (visibilty etc) and possible loss of on street parking. Such applications will be shown like any other planning application on the local Council website.

1. You may also require planning permission to create a hardstanding area for parking. As a flat, you do not have the benefit of permitted development rights that you would get with a dwelling. A house would require PP if the area is greater than 5 sq. m and not constructed out of porous materials or no suitable drainage provided, but a flat would require PP. The issue may be the impact of the parking area on the ground floor flat which presumably is sited next to the parking area.

You can ring the Council for their views on any possible application, but most require a more formal approach these days and often charge a fee for advice.

@SlipperyLizard

If it has been approved he should have a letter from the council to confirm it - it isn’t “planning permission” as such, so won’t be listed on the portal. Ask for a copy of the approval letter? It should say the cost (usually several hundred) and if there’s a time limit on permission.

Planning permission will be required if the access is onto a classified road. This is separate to the process with the Highway department concerning the licence to carry out the works. Both will be required in that instance.

We have share of the freehold with the flat below and we own the front garden, we've already spoken to the neighbour below and she is happy for it to be turned into a dropped kerb.

I just spoke to our local council who confirmed the previous owner has never put in a planning application and wouldn't have ever got a verbal approval or 'yes its possible'. So now feeling like we might have just been told what we want to hear.

We are going to ask our solicitor to chase this up with him for proof of when and how that was confirmed to him, as I really dont want to move in and then be told 'nope, never gonna happen'

We definitely had to get permission for ours but different councils probably have different rules

I read somewhere that your front garden has to be of certain length to be acceptable -might be worth checking this