Extending a drive where kerb is already dropped

[metamatic]

I live next to the turning circle in a cul-de-sac. There are no pavements on our road. Instead all the gardens/driveways go straight on to the road with a very low (2 inch) kerb border.

We bought the house 18 months ago and it aleady had a double drive. Last June (with the help of my Dad and Tony's book!) I extended the drive so that we can now fit and drive 3 cars on to it. The existing drive was crazy paved and we did the extension the same way (never again!!) with our flags cemented on to the kerb border.

At the time I had a look on the council website and was under the impression that i didn't need any planning permission to do this so i simply went ahead.

So far we have had no complaints from either our neigbours or the council.

However....

Yesterday my wife saw a Highways Survey Dept van pull up in the turning circle and she was fairly sure he was having a right good nosey at our drive.

Can anybody let me know whether i should have applied for planning permission either from the council or the highways agency?

[Tony McC]

Yes: you will have paved over what is known as the "service strip" and it's up to your local council as to just how arsey they want to be about this.

In some areas, they compel the homeowner to take up the paving and make good, returning the strip to its original condition. Elsewhere, the grudgingly let it be, but give you a good finger wagging and grumble about how they are liable for the services beneath and any damage to vehicles, etc. And the final option is to make you re-pave it to highway standards, which would involve a substantial sub-base (min 150mm) and an approved material, which is normally either blacktop, concrete (not PIC), or 80mm CBPs. It's highly unlikely they'd ever allow crazy paving.

Sit back, keep mum and hope that they say nowt!

[metamatic]

Thanks for the reply, Tony.

In our case the part of the front garden we paved over went right up to the dropped kerb - we have no pavements on our part of the cul-de-sac. All we did was remove the soil to a depth of around 30cm, add a subbase and then cement in the crazy paving on top. The only contact we had with anything other than soil was when we cemented our flags on to the other side of the dropped kerb.

Could i still be in trouble?

[Tony McC]

Yes: the first 1.8 or 2.0m is technically "The Queen's Highway" and as such you have nicked a bit of her land. How would you feel if she sent Phil the Greek and the Boys around to nick the bottom end of your garden?

Next: you need a permit to excavate in a public highway. This is done to prevent just anyone digging up roads and footpaths whenever the urge takes them. It's also done to ensure adequate safety measures are used, and that the works are covered by insurance.

Finally, the work has to meet the SHW - Specification for Highway Works, and in over 30 years of using this wonderful tome as a cure for insomnia, I've not yet found the section covering crazy paving!

[Dave_L]

Indeed; I reckon you'll get a communication from Highways pretty soon - sounds like someone has been out and about with their eagle-eye.

[lutonlagerlout]

a picture would be handy, but TBH i think you have overcooked it and one of the neighbours has dobbed you in it
LLL