Dropped kerbs for vehicle access

Illegal crossings

A crossing is deemed to be illegal where it is either:

• Of unknown construction (constructed without our consent); or
• Not constructed (residents driving over existing pavement)

It should be noted that carrying out construction of a crossing without the Council's consent is illegal and could result in the cost of the Council rebuilding the crossing/reinstating the pavement in addition the original unauthorised work.

We can take action within the Highways Act 1980 to:

• Contact the residents and ask them to apply for an authorised crossing, if the location is compliant with all Planning and Highway requirements.
• Contact the residents and ask them stop crossing the pavement with a vehicle, where the location is not compliant with all requirements.
• Construct a crossing on behalf (i.e. in default) of a resident and recharge for this service, where the resident refuses to stop crossing the pavement with a vehicle and the location is compliant with all Planning and Highway requirements. This will only take place as a last resort where residents refuse to comply with our requests to address an illegal crossing issue.
• Impose conditions restricting the use of a pavement/verge as a crossing where the location is not compliant with all requirements

Where residents refuse to pay for any crossing we construct, we will seek recovery of monies through legal action.

Vehicle overhang

It is the responsibility of the applicant to ensure any vehicle using the pavement crossing to access a private driveway, does not overhang the private property and cause an obstruction on the public highway.

This is an express condition of the application and applicants will need to sign an agreement to this effect.

In terms of enforcement against overhanging vehicles these are as follows:

• TRO – where parking restrictions exist across the driveway. Penalty Charge Notice (PCN) could be issued if the vehicle’s wheel is on the footway.
• Community Protection Notice (CPN) under Anti-Social Behaviour Crime and Policing Act 2014. There would need to be evidence that the obstruction was persistent and continuing and was having a detrimental effect on the quality of life of those in the locality. The first step in the process is to issue the person with a written warning and if this is not complied with then a CPN. A CPN can be appealed to the Magistrates’ Court but a written warning cannot. On breach of a CPN the perpetrator can be issued with a fixed penalty fine of up to £100.
• Prosecution for “Wilful obstruction” under s137 of the Highways Act 1980. Carries a max £1000 fine and sufficient evidence would need to be gathered and the overhang would need to cause an obstruction. A warning notice could be issued as part of the evidence gathering and could include resident reporting continuing behaviour
• Breach of the express condition ‘not to overhang’. Failure to comply with the condition could result in a fine of under S.184 Highways Act, being Level 3 on the Standard Scale. This can only be enforced where residents have been required to sign an agreement with the Council when they are granted their application for a crossing.
• Police have powers to remove vehicles causing an obstruction pursuant to Removal and Disposal of Vehicle Regulations 1986
• Anti-social behaviour civil injunction (in very extreme cases). Civil injunction under the Anti-Social Behaviour, Crime and Policing Act 2014 could contain a prohibition on causing an obstruction. There would need to be considerable evidence that there was conduct which has caused or is likely to cause harassment, alarm and distress to any person. This is a high burden of proof to achieve considering that the issue is an obstruction of a pavement by a vehicle but may be relevant in very severe and persistent cases. Penalties on breach can be an unlimited fine and/or up to 2 years in prison.