Dropped kerb planning rejected due to RPA

[Gajendra]

  On 14/12/2021 at 09:57, kevinjohnsonmbe said:

The ‘light’ is directly proportional to how much you want / need to find a solution - and most importantly, how much you are willing to invest into it.  It really is a cost / benefit analysis. 
 

It doesn’t “have” to be a no dig (everything goes in layers on top of what is already there) scenario.  To immediately default to that option kind of negates the potential opportunity to improve the rooting environment which would be one of your strongest bargaining chips. 
 

Airspade, hand tool excavation around existing roots (if they are even found to be there) back fill with advantageous materiel + suitable sub and top layers. 
 

Im not suggesting it is an easy (or cheap) path (to do it properly), what I’m saying is - it IS doable and it IS possible to be a win-win (if you put the resources to it.)
 

 

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Thanks Kevin. I really hope it is not going to cost me my kidney. I have a small child and having a drive would really help going in and our the car. Plus our cars won't be hit by some careless drivers on the street. 

 

I really appreciate all your help and suggestions I have found this immensely valuable. I really hope someone from council or highway agency will try and work with me on this. Thanks

Edited December 14, 2021 by Gajendra

[doobin]

  On 13/12/2021 at 19:14, Gajendra said:

Thanks Khriss, it is really annoying that every house on this that has a tree in front of their house has a driveway and because previous owner who lived in this property for over 50 years decided he did not wanted to have a drive we couldn't have one now

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Yeah, but wasn’t that reflected in the price you paid for the house?

 

sue your surveyor. 

[Gajendra]

  On 14/12/2021 at 10:14, doobin said:

Yeah, but wasn’t that reflected in the price you paid for the house?

 

sue your surveyor. 

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Property prices have been mental this year and people were offering silly money. Unfortunately, we also had to offer well over asking price to secure this property. 

Interestingly someone also suggested to sue the surveyor and I spoke to someone who carried out the survey and he said they only carry out survey of the property and not trees outside the house to put a dropped kerb

[doobin]

  On 14/12/2021 at 10:20, Gajendra said:

Property prices have been mental this year and people were offering silly money. Unfortunately, we also had to offer well over asking price to secure this property. 

Interestingly someone also suggested to sue the surveyor and I spoke to someone who carried out the survey and he said they only carry out survey of the property and not trees outside the house to put a dropped kerb

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I feel for you mate. House prices need to crash. 
 

The error is yours then I’m afraid if you didn’t enquire as to the feasibility of a drop kerb at the searches stage

[Gajendra]

  On 14/12/2021 at 10:23, doobin said:

I feel for you mate. House prices need to crash. 
 

The error is yours then I’m afraid if you didn’t enquire as to the feasibility of a drop kerb at the searches stage

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I know it was a big mistake. I did ask council about carrying out the survey but they said I couldn't do that because I don't own the property or live in the property. Learning everything hard way unfortunately. 

[kevinjohnsonmbe]

  On 14/12/2021 at 10:13, Gajendra said:

Thanks Kevin. I really hope it is not going to cost me my kidney. I have a small child and having a drive would really help going in and our the car. Plus our cars won't be hit by some careless drivers on the street. 

 

I really appreciate all your help and suggestions I have found this immensely valuable. I really hope someone from council or highway agency will try and work with me on this. Thanks

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Not sure my reply uploaded...?

 

It went something like...

 

Prob not a kidney, maybe a spleen or a slack handful of lymph glands. 
 

I wasn’t sure what your location (house price index) is?

 

If, for example, Richmond upon Thames or perhaps Polperro (where a single car parking spot can easily cost North of £40k) it might be worth the cost / benefit. 
 

Conversely, off street parking in Camborne is not quite so popular because many houses have a obsolescent sofa in the front garden. 

[Gajendra]

  On 14/12/2021 at 11:31, kevinjohnsonmbe said:

Not sure my reply uploaded...?

 

It went something like...

 

Prob not a kidney, maybe a spleen or a slack handful of lymph glands. 
 

I wasn’t sure what your location (house price index) is?

 

If, for example, Richmond upon Thames or perhaps Polperro (where a single car parking spot can easily cost North of £40k) it might be worth the cost / benefit. 
 

Conversely, off street parking in Camborne is not quite so popular because many houses have a obsolescent sofa in the front garden. 

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hahaha lots of calculation to do Kevin. Don't think it will be as expensive as Richmond upon Thames  certainly lots to think about. 

[tree77]

  On 13/12/2021 at 16:22, Gajendra said:

 

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Looking at the photo can see why it was refused, based on what we approve/refused within the authority i work with. 

 

Appreciate other houses have crossing close to trees but what would help your case if you have any recent examples to could use

 

 

[john87]

  On 13/12/2021 at 21:51, petercb said:

Our parking area was half a metre short of the minimum length requirement, a polite gentle conversation with highways revealed they had discretion to waive policy requirements and we got our licence to install our dropped kerb.

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Can i just say, a local authority CANNOT just set "policies" and decide that is that. They have to decide each case on its merits, Blanket policies are unlawful.. It is called "fettering their discretion" Letter to the council monitoring officer, and if no luck, ombudsman. Not saying the ombudsman casn change the verdict, but what they CAN do, is to make sure your case was considered in the proper manner and not just a blanket "no"

 

john..

[Anno]

  On 15/12/2021 at 00:23, john87 said:

Can i just say, a local authority CANNOT just set "policies" and decide that is that. They have to decide each case on its merits, Blanket policies are unlawful.. It is called "fettering their discretion" Letter to the council monitoring officer, and if no luck, ombudsman. Not saying the ombudsman casn change the verdict, but what they CAN do, is to make sure your case was considered in the proper manner and not just a blanket "no"

 

john..

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Depends on if its Policy or Strategy - it makes a lot of difference, the latter is a long process, usually involving legal process and consultation, in my experience officers usually are overworked and underfunded but do need to give consideration on a one to one basis and try to get a positive outcome for all parties.

*stands well back and waits for the Council/tree officers are just scum posts*