Do You Need Planning Permission for Dropped Kerb?

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Key Highlights

• Planning permission may be required for a dropped kerb if your property is located in a conservation area, or if structural work is needed for the parking area.
• Houses can have permitted development rights but not all houses have permitted development rights.
• Flats, maisonettes, and commercial properties always need planning permission.
• Public liability insurance of at least £5 million is required for contractors installing a dropped kerb.
• It is important to consult with your local planning authority or a qualified town planner before proceeding with a dropped kerb project.
• Non-compliance with planning permission and regulations can result in enforcement action and potential financial liabilities.

Introduction

If you are considering installing a dropped kerb for your property, it is important to understand the regulations and requirements associated with it. A dropped kerb allows vehicles to cross the public pavement and access private driveways, making it convenient for homeowners with off-street parking. However, the installation of a dropped kerb may require planning permission, depending on various factors such as the location of your property and the type of road it is on.

In this blog, we will explore the basics of dropped kerbs, their purpose, and the need for planning permission. We will also discuss the criteria for permissible development without planning permission and scenarios where planning permission may be required. By the end of this blog, you will have a clear understanding of whether you need planning permission for a dropped kerb and the steps involved in obtaining it.

Understanding Dropped Kerbs and Their Purpose

A dropped kerb is a lowered section of the curb between the pavement and the road that allows vehicles to cross over to private driveways. They also provide easier access for pedestrians, especially those with pushchairs or wheelchairs, to transition from the road to the pavement. Dropped kerbs are typically installed on main roads leading to residential properties to facilitate safe and convenient parking.

The need for planning permission for a dropped kerb depends on various factors, such as the classification of the road and the specific requirements of the local planning authority. Classified roads, which include A, B, and C class roads, may require planning permission for the installation of a dropped kerb. It is essential to check with your local planning authority or a qualified town planner to determine the requirements for your specific location.

Importance of Dropped Kerbs for Property Access

Dropped kerbs play a crucial role in providing convenient access to parking areas and private driveways. They allow vehicles to safely and smoothly transition from the road to the driveway without causing damage to the pavement or obstructing pedestrian access. This is particularly important for properties without off-street parking options.

Installing a dropped kerb enables homeowners to create a new driveway or parking area on their property, reducing the need for on-street parking and improving overall convenience. Additionally, dropped kerbs help manage surface water runoff by providing a proper drainage system, preventing water accumulation and potential flooding issues.

The Basics of Permitted Development for Dropped Kerb

Permitted development refers to development that can be carried out without the need for planning permission. In the case of dropped kerbs, there are specific guidelines and limitations within permitted development rights. These rights allow homeowners to make certain changes to their property without seeking formal planning permission from the local planning authority. It is important to understand the scope of permitted development rights when considering the installation of a dropped kerb.

What Falls Under Permitted Development?

Permitted development rights for dropped kerbs are granted by the local highways authority rather than the local planning authority. The county council, or unitary authority, is responsible for determining whether a dropped kerb falls under permitted development.

In some cases, where the installation of a dropped kerb meets specific criteria set by the highways authority, planning permission may not be required. However, it is important to note that each situation is assessed individually, and homeowners should consult their local authority or a qualified town planner to determine if their proposed dropped kerb qualifies for permitted development rights.

Limitations and Constraints in Permitted Development

While permitted development rights provide homeowners with certain freedoms, there are limitations and constraints that must be considered when installing a dropped kerb. These constraints often depend on the specific circumstances of the property and its surroundings.

For example, if the property is located within a conservation area, stricter rules and regulations may apply, requiring planning permission for any modifications to the public highway. Additionally, visibility concerns, such as road junctions or pedestrian crossings, may impact the feasibility of installing a dropped kerb.

Non-compliance with the relevant regulations and requirements can result in enforcement action, where homeowners may be required to rectify the non-compliant work or face financial liabilities. It is crucial to consult with the local planning authority or an RTPI accredited town planner to ensure compliance with all regulations.

Identifying When a Dropped Kerb May Be Permitted Development

The criteria for permissible development without planning permission for a dropped kerb are determined by the local highway authority. These criteria vary based on the authority’s guidelines and the specific circumstances of the property. Some common criteria include:

1. The type of road: Certain roads, such as classified roads (A, B, and C class roads), may require planning permission for a dropped kerb.
2. Parking restrictions: If the proposed dropped kerb would violate any existing parking restrictions or impact on-street parking, planning permission may be necessary.

It is essential to consult with the local highway authority or RTPI accredited town planner to understand the specific criteria and requirements for permissible development without planning permission for a dropped kerb.

Scenarios Requiring Planning Permission for Dropped Kerb

While some scenarios allow for permissible development without planning permission, certain situations require homeowners to obtain planning permission before installing a dropped kerb. It is important to be aware of these scenarios to ensure compliance with the relevant regulations.

Understanding the Need for Planning Permission

The need for planning permission for a dropped kerb arises when specific circumstances are present. These circumstances may include the property being located in a conservation area, being a listed building, or requiring significant structural work for the parking area.

In such cases, homeowners must obtain planning permission from the local planning authority. The planning authority will assess the proposed dropped kerb and consider factors such as the visual impact on the area, adherence to conservation area guidelines, and the preservation of the property’s historic or architectural significance.

It is advisable to consult with the planning authority and or RTPI accredited town planner to ensure compliance with all regulations and navigate through the planning permission process effectively.

Common Reasons for Planning Permission Denial

There are several common reasons why planning permission for a dropped kerb may be denied. These reasons include:

1. Road junctions: If the proposed dropped kerb would obstruct visibility at road junctions, it may be deemed unsafe and subsequently denied planning permission.
2. Pedestrian crossings: Dropped kerbs near pedestrian crossings must not compromise pedestrian safety or impede their ability to cross the road safely.
3. Loose gravel: Planning permission may be denied if the proposed dropped kerb involves the use of loose gravel surfacing, which can create hazards for pedestrians and vehicles.

It is crucial to consider these factors and ensure compliance with the regulations to increase the chances of obtaining planning permission for a dropped kerb.

Steps to Determine If You Need Planning Permission

You can attempt to figure this out on your own, but it’s essential to note that 20% of our planning applications are retrospective, often triggered by a planning enforcement notice, and 99% of these cases believed their project fell under permitted development when it did not. To determine whether you need planning permission for a dropped kerb, it is essential to follow these steps:

1. Consult with the local planning authority: Contact the relevant planning authority to understand the specific requirements and criteria for dropped kerbs in your area.
2. Assess your property’s circumstances: Consider factors such as the road classification, parking restrictions, and the presence of any conservation areas or listed buildings.
3. Consult with RTPI accredited town planner to ensure compliance with all regulations and navigate through the planning permission process effectively to avoid permitted development mistakes.

Pre-application Consultation with the Council

Prior to applying for formal planning permission for a dropped kerb project, you may want to participate in pre-application consultations with your local council or planning authority. This entails submitting architectural drawings and a written proposal to request advice on your intended dropped kerb. Pre-application processes typically cost around £600, have a response time of 4-8 weeks, and provide an official assessment of the project’s requirements, feasibility, and potential success. While it does not guarantee approval, a pre-application can assist in tackling issues proactively, ensuring adherence to regulations, and enhancing approval prospects for your dropped kerb initiative.

Planning Appraisal with a Town Planner

If you’re looking for prompt answers, a planning appraisal might be the better choice. An RTPI accredited town planner can carry out the necessary checks, including reviewing planning policies, history, and constraints, without the need for detailed drawings or a written proposal. Instead of waiting up to 8 weeks, you can receive the answers within a day. After conducting research, your town planner will provide you with a telephone consultation to discuss the findings and address any queries. By the end of the consultation, you will have clarity on whether planning permission is needed, along with recommended steps and chances of success.

Applying for Planning Permission for Dropped Kerb

When installing a dropped kerb, it is essential to determine if planning permission is required for your specific circumstances. Applying for planning permission involves a detailed application process and compliance with certain regulations.

To apply for planning permission for a dropped kerb, you will need to fill out a householder application form provided by your local council. These forms can usually be found on the council’s website or obtained in person at their offices.

The application form will require you to provide details about your property, the proposed dropped kerb, and any relevant supporting documentation. You may need to include a site plan, photographs, and a written description of the project.

Once the application form is completed, you will need to pay the required application fee. Most councils accept payment by credit card or check. After submitting the application, it will be reviewed by the council’s planning department, and you will receive a decision in due course.

Are Building Regulations Required For Dropped Kerb?

In addition to planning permission, you may also need to consider building regulations when installing a dropped kerb. Building regulations ensure that the structural work and drainage associated with the dropped kerb meet the necessary standards for safety and functionality.

If your dropped kerb involves significant structural changes or modifications to the parking area, building regulations are likely to apply. For example, if you need to excavate and construct a new driveway, install drainage systems, or create retaining walls, building regulations will need to be adhered to.

It is advisable to consult with the local planning authority or an RTPI accredited town planner to determine the specific building regulations that apply to your dropped kerb project. Compliance with building regulations is essential to ensure a safe and durable installation.

Conclusion

In conclusion, understanding the regulations surrounding dropped kerbs is essential for property owners. Knowing when planning permission is required can save time and prevent potential issues in the future. By following the outlined steps and seeking pre-application consultations where necessary, individuals can ensure they are compliant with the law and avoid unnecessary complications. Stay informed to make informed decisions regarding dropped kerbs and property access.