Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

dropped kerb appeal

14 replies

KathG · 18/02/2023 09:52

Has anyone done this (apparently our front garden is a few cm too short - but the front of the house is quite wide, so parking diagonally would give the length required.
Have got to the point of being unable to come home during the day, as no where to park! Happy to pay for a recommended lawyer. (This is in Birmingham).

OP posts:
Seeline · 18/02/2023 09:54

Is this a planning decision or a highways decision you want to appeal?

Original poster
KathG · 18/02/2023 09:58

It's City council planning. thank you for your rapid response.

OP posts:
Seeline · 18/02/2023 10:03

OK, so what was the actual reason for refusal? I'm guessing it was based on a recommendation from the local highway authority who would have been consulted on the planning application?
What type of road are you accessing - it must be classified to require PP, but A, B or C?

Original poster
KathG · 18/02/2023 10:25

It's in a conservation area.. and the only reason given was being shorter than 4.75 m (other houses in the road have drives, but were done a while ago).

OP posts:
Seeline · 18/02/2023 10:28

So we're you applying for the hardstanding or the dropped kerb or both?

Original poster
KathG · 19/02/2023 21:34

the dropped kerb thx (sorry crazy weekend)

OP posts:
EyesOnThePies · 19/02/2023 21:40

If you can’t get a dropped kerb would people in the road support controlled parking for residents? As parking is in such shortage?

Seeline · 20/02/2023 08:09

If the only reason for refusal is the highways one ie the garden is too small to meet standard requirements, I'm not sure how successful an appeal would be. Planning is often quite subjective so appeals can go either way, but where there are technical standards the Inspector would have to have good reason to go against them.
If you wanted proper representation for the appeal, do not bother with a solicitor - they wouldn't really be any use. You probably need a Highway Consultant but they can be costly, or a Planning Consultant may be willing to take it on.
You do not need to have a professional representative to appeal though. Go through the written representations procedure. There is no fee to lodge an appeal.

unluckyinlife · 22/02/2023 20:46

I put in these appeals as part of my job. You can appeal despite it being a highways reason for refusal. I am a planning consultant/architectural technician. You could contact a highways consultant, planning consultant or a specialised appeal consultant all who can put this in for you.

Alternatively you can submit your own appeal using the appeals inspectorates website.

Soapyspuds · 22/02/2023 23:13

What car do you drive?
If the car does not physically fit in your garden then I cannot see how the decision will be overturned because your car would be jutting out on to the footpath.
However the appeal will not cost you anything if you do this yourself so there is little to lose. I cannot see the council going for costs against you if there is only a few centimetres in it

Seeline · 23/02/2023 08:22

The car used by the OP is not the issue. PP will go with the property so the parking area needs to comply with the standards. The OP could buy a different, bigger car, or the next owners could have a bigger car.

And yes, the reason is because if the car does not fit within the site it will because an obstruction which could put pedestrians and wheelchair users in danger.

Soapyspuds · 24/02/2023 17:53

The car used by the OP is not the issue. PP will go with the property so the parking area needs to comply with the standards. The OP could buy a different, bigger car, or the next owners could have a bigger car

It is only a few CM too short though. Well worth putting in an appeal. The Planning Inspectorate could quite possibly decide to grant the appeal contrary to the policy. If the OP is able to show photographs of their car well within the property boundary this could be enough to sway them.

Williamse31 · 10/10/2023 15:42

Just wondering if you did appeal. I’m in a similar position. I’m on a corner plot and have to be 10m from the corner which then means my garden is 10cm short due to the at window

WombatChocolate · 06/11/2023 19:06

The thing is, too short of the regulations is too short.

The regulations are designed so a standard car can fit and not overhang the path. If the paved area isn’t the right length,there is a significant risk that there will be overhang. This is a risk to pedestrians and wheelchair users.

The regulations are based on 90 degree to property parking, not angles. The rules are there so there is a hardline judgement and you either meet it or don’t.

The size of your car is irrelevant.

New posts on this thread. Refresh page
Swipe left for the next trending thread