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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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I have applied crossover at Bromley Council and have

Customer Question

I have applied for a crossover at Bromley Council and have received a rejection letter saying that I have not achieved the required 4.5m from the front of the building to the back edge of pavement and is therefore rejected. On what grounds can I appeal?
Submitted: 1 year ago.
Category: UK Traffic Law
Customer: replied 1 year ago.
More information:
The property is an old Victorian terraced house that has been converted into flats and I live on the ground floor.The contents of the letter are:
Based on the details you have provided, it would appear that you have not achieved the required 4.5m from the front of the building to the back of the edge of pavement.Everyone on this road has a dropped kerb, including next door neighbours and I measured their front of the house and is exactly like mine.
Expert:  Jo C. replied 1 year ago.

What grounds were you thinking of?

Customer: replied 1 year ago.
Well on the grounds that everyone on this road has a crossover. My property is the only one that does not. My car is only 3.8m and the space from building to the edge of pavement is 3.79 so the car fits in and does not affect anyone on the pavement. Also they have not given any information of any act or regulation to say that the limit is 4.5m.?
Expert:  Jo C. replied 1 year ago.

When you say cross over you means a dropped kerb?

Customer: replied 1 year ago.
Sorry the council calls it a crossover and I call it a dropped kerb.
Expert:  Jo C. replied 1 year ago.

Do you dispute that there is no 4.5 m from the front of your house to the edge of the pavement?

Customer: replied 1 year ago.
No, the front of the house is actually 3.79 and so are all the neighbours but I was hoping to appeal on the basis that if the limit if 4.5m then why were the neighbours accepted. Latest one was 2006. could be that the law has changed. Could I just say that since I am the only one who doesn't have the kerb dropped maybe they will allow it ?
Expert:  Jo C. replied 1 year ago.

Well, probably because they didn't give truthful information. Or maybe that the rules have changed.

You may as well appeal. It won't do any harm. The problem is that they are trying to avoid overhang onto the highway which would amount to causing an obstruction. That is a criminal offence and that gives them the justification for their position.

Appealing is all very well but the issue should not really centre wholly upon the unfairness of the situation. A better point is that over hang will not be an issue if indeed it is not for your neighbours.

Can I clarify anything for you?

Jo

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