Using my neighbours dropped curb.

[Eerf123]

Hi.

Some advice would be greatly appreciated.

The council won’t allow me to drop the curb to access my drive.

My neighbour has kindly offered to allow me to use her dropped curb onto her drive, then to drive onto my drive. There is no fence between our drives therefore access is easy.

Would this be breaking any laws? I would simply be pulling into her drive and driving onto mine. My car will touch no more of the councils pavement or curb than any car pulling into my neighbours.

Thanks in advance.

[atticus]

By all means drive over your neighbour's dropped kerb if that works for you.

[dslippy]

No reason not to.

The LA itself has no way of objecting to you using your own curb - they just have the choice as transport authority whether or not to approve a dropping of the curb.

[Eerf123]

Thank you, both.

[des8]

No reason not to.

The LA itself has no way of objecting to you using your own curb - they just have the choice as transport authority whether or not to approve a dropping of the curb.

I understand Section 184 Highways Act 1980 gives the Highways Authority ability to instruct a land occupier who habitually drives over the kerb/ footway to cease the activity (the reasonable conditions test in subsection (1)(b))
It is an offence to contravene any such condition (sec17)

[wales01man]

In my road of about 40 houses only half have dropped kerbs all have drives all which no one has ever been told to stop going over the kerb to obtain access i suspect that ours and most councils dont enforce the rules

[dslippy]

Thank you for the correction.
A lot depends on the status of the road which you front.

[Eerf123]

Thanks all for the advice.

[Eerf123]

I understand Section 184 Highways Act 1980 gives the Highways Authority ability to instruct a land occupier who habitually drives over the kerb/ footway to cease the activity (the reasonable conditions test in subsection (1)(b))
It is an offence to contravene any such condition (sec17)

Just to clarify, this would be in reference to driving up an un-dropped curb, correct?

If so, I would assume irrelevant in my case as I'm not mounting an un-dropped curb? Just for clarity. Thanks in advance.

[des8]

Just to clarify, this would be in reference to driving up an un-dropped curb, correct?

If so, I would assume irrelevant in my case as I'm not mounting an un-dropped curb? Just for clarity. Thanks in advance.

Yes
I was only pointing out that the legislation exists for the Highways Authority to forbid habitual driving over undropped kerbs.
However it is rarely used.

Incidentally did they give a reason for not allowing you a dropped kerb? just being nosey

[Eerf123]

Yes
I was only pointing out that the legislation exists for the Highways Authority to forbid habitual driving over undropped kerbs.
However it is rarely used.

Incidentally did they give a reason for not allowing you a dropped kerb? just being nosey

Yes of course. They said that If they dropped my curb, the combined length of the dropped curb between mine and my two neighbours would exceed the maximum. They also said that it was due to being on a Classified A road. Struggled to get my head around this as every house (no exaggeration here) on my road other than mine has a dropped curb and there are much longer combined curbs on the road. When raising this in an appeal they simply said legislation has changed since the previous dropped curbs had been done which was just .

[dslippy]

The law relating to all tis was recently considered in
Anwar v London Borough of Ealing Council [2022] EWHC 2464 (KB) (01 August 2022)
at
https://www.bailii.org/ew/cases/EWHC/KB/2022/2464.html

Well worth a read

[Eerf123]

Hi Folks,

Slight update. Received the attached letter from my Council this morning urging me to cease use of my drive. Advice appreciated again.
I am also unsure if there is a willingness to resolve this, which requires a simple explanation of how my neighbours dropped kerb is being used or if this is a straight out threat.

They don't seem to understand that I am not illegally driving up a non-dropped kerb. As you can see by the image I am driving onto my neighbours dropped kerb then onto my drive (On both sides.)

In previous discussions I have offered to pay for moving of the pole but the council never approved or gave me a final charge. The letter encourages me to make an application for a dropped kerb which has already been done and was refused due to the pole. Receipt of this letter is somewhat frustrating as I have a huge area outside of my front that I cannot use and feel as if I'm just going around in circles.

I am considering taking this legal but just wanted further advice on how to move forward if there is any/ would legal be a sensible solution.
I feel like they are just so against allowing me to use my drive and that I cannot win no matter how much I offer to do or pay.

Apologies for the ramble- desperation kicks in.
Advice greatly appreciated.

[des8]

You talkj about going "legal". Presumably asking a solicitor to write a letter whuich will get nowhere, and just cost you.
Have you tried getting your local councillor involved?

I thought they said that if your kerb was dropped, when combined with your neighbours it would be too long.
You now suggest it is because of the position of the pole.

If i received a letter like that I would play stupid and ask under what legislation they could require that I remove a vehicle from my own property.

I would ignore the bit about driving over the pavement in front of the property until they really started being heavy, and then ask for proof that i drove over that section of the footway

But that's just me

[Eerf123]

You talkj about going "legal". Presumably asking a solicitor to write a letter whuich will get nowhere, and just cost you.
Have you tried getting your local councillor involved?

I thought they said that if your kerb was dropped, when combined with your neighbours it would be too long.
You now suggest it is because of the position of the pole.

If i received a letter like that I would play stupid and ask under what legislation they could require that I remove a vehicle from my own property.

I would ignore the bit about driving over the pavement in front of the property until they really started being heavy, and then ask for proof that i drove over that section of the footway

But that's just me

Correct- A solicitor. Am just at wits end.

Yep they said combined kerb was too long, and pole was in the way. I said I would pay to move the pole and they explained it would cost in excess of £10k. I said fine...quote me and they never responded. They also then stated i couldn't drive over the BT boxes. When I showed them a letter I had from BT saying it was fine to drive over those, they went silent . They seem to only want to pull on things that suit them.

I did get my councillor involved who wasn't any help either.
Thanks for the advice. Much appreciated.