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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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On applying for a drop kerb extension for my property the WCC

Customer Question

On applying for a drop kerb extension for my property the WCC highways authority have indicated their approval for a reduced width drop kerb specification the reason given - so that they can maintain on street parking for a large car instead of a small car which was catered for in my application. There decision was made even though there are a further*****parking locations of varying sizes catering for on street parking at this cul-de-sac which services 12 house properties all of which have their own vehicle access drives. My drop kerb application covers a detached house property serviced by an unclassified road which is a quiet cul-de-sac. There is no appeals procedure available or in place by this authority to covering any disagreement with their decision. In effect a judge - jury and executioner situation. How do i progress and what legal address do i have if any.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is the problem here that you wanted it wider than they are allowing?
Do other people have wider drops?
Customer: replied 2 years ago.

Yes - width was to be in-line and correspond with my new 2 car block paving driveway.

Yes several in local vicinity. Drop kerb to properties opposite have wider drop kerbs than that which i have applied for.

Customer: replied 2 years ago.

Yes - width was to be in-line and correspond with my new 2 car block paving driveway.

Yes several in local vicinity. Drop kerb to properties opposite have wider drop kerbs than that which i have applied for.

Expert:  Jo C. replied 2 years ago.
Thank you.
You have 2 remedies. You can apply for judicial review of the decision to only allow you a narrow drop. You can only do that on the grounds that the decision is illegal, irrational or contain some kind of procedural impropriety. If others have wider drops it is probably irrational. A successful judicial review will only make the council consider their decision again and not necessarily change it although they would have to be pretty brave to simply come to the same conclusion.
Judicial review is not cheap and it could easily cost you £10,000 or more if you lose.
You also have the alternative which is free and that is to make a formal complaint to the Local Government Ombudsman which, in these circumstances is actually what I will do. I would tell whoever it is that you've been dealing with at the council that if they don't let you have a drop which is at least as wide as the others, then you will make a complaint to the Ombudsman. The council must comply with the Ombudsman's decision.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

No thank you.

I will look to progress down the Local Government Ombudsman complaint path.

Thank you for your assistance and guidance.

Expert:  Jo C. replied 2 years ago.
Thank you. Good luck with it

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