Vehicle access - kerbs

Last Updated:

A dropped kerb or vehicle crossing is the dip in the path and kerb that is used to cross the public highway.

It is very important that you get all necessary permissions before starting work. It may take some time to gain these permissions, as there are various legal processes that have to take place.

What you need to do before applying to Kent County Council (KCC)

1. Work out if the location is suitable and costs

Check the guidance from KCC use the link 'Before you apply'.

Every location is different but the costs, you will have to pay, may include:

  • Creating or amending a dropped kerb
  • Resurfacing the area to be driven over
  • Creating the area to be parked on
  • Changes to items in the public highway such as; moving street furniture such as a street lighting column, signs, posts etc. Removing trees and planting replacements, Changes to utility covers e.g. water, gas etc.
  • Planning application for changes to the area to be parked on
  • KCC application for changes to the public highway
  • Parking restriction changes - moving parking restriction signage and their posts, lining works, Traffic Regulation Order changes

2. Get the landowner permission

If you do not know who owns the land, check with Land Registry.

3. Check if you need planning permission from Tonbridge & Malling Borough Council

You will need to apply by making an application for a Lawful Development Certificate Proposed (LDP), using the Planning Portal. Select ‘Start a planning application’. When you get to Step 2/3 Application type select ‘Lawful development: Proposed use’.

Once a decision has been made on your Householder Lawful Development Certificate application, you will be sent a written decision.

Decision is that planning permission is needed

If the LDP written decision is a refusal, you will need to make a Householder planning application for planning permission using the Planning Portal. Select ‘Start a planning application’ When you get to Step 2/3 Application type select ‘Householder Planning Permission’. A written decision will be sent to you if planning permission has been granted, or not. Planning permission relates to the land being used other than the public highway (generally where the vehicle is being parked). This may take up to 8 weeks.

Decision is that planning permission is not needed

If the LDP written decision is Certified you do not need planning permission. You will need to provide a copy of the LDP decision when applying to KCC for the vehicle access kerb.

4. Kent County Council

You will need to apply for approval from KCC, for the works that affect the public highway (generally pavement and road), as they are the Highway Authority.

KCC will need a copy of either your Certified LDP decision or your Planning Permission. You must receive approval from Kent County Council before starting any work or request for parking restrictions to be changed.

KCC will consider your application and send it back to you with their approval or rejection. They may also provide comments or require amendments to your proposed works.

After you have received approval from Kent County Council

5. Parking restrictions

In some locations where the vehicle crossing is proposed, there will be existing parking restrictions such as permit bays and single yellow lines etc.

Parking restrictions are not just the lines and signs that can be seen in the road. To make them enforceable there will be a Traffic Regulation Order (TRO). There is a legal process that we have to follow to make changes to a TRO, this process is the same regardless of the physical length, or quantity of proposed lines to be changed.

The legal process to change a TRO is not quick as there must be public consultation for a prescribed period followed by elected councillors considering any objections. Councillors then decide which changes to a TRO should be made. Due to the amount of work and costs involved, we batch together a number of locations that need TRO changes. However, you will need to pay a contribution towards the costs of advertisements and consultations of approximately £300.

If you choose to proceed with any works without relevant decisions/approvals, this is entirely at your own risk.

Double yellow lines will be placed across the vehicle crossing in areas where there are parking restrictions to help protect the new access from vehicles parking there.

How to request changes to a TRO (change parking restrictions)

So that we have all the information we need, you will need to send our parking office a copy of your application to KCC and their approval.

Once we receive your written request, information and KCC approval

  • We will assess the location to see if it would be suitable to change the parking restrictions.
  • We will provide you with our decision in writing after our assessment. If our decision is that the location is suitable for changes to the parking restrictions, we will formally advise you of the costs that you will need to pay as contribution towards changes to the TRO.
  • Once we have received your payment, the location will be added to our next batch of TRO amendments. Please note that the legal process for TRO changes can take up to 2 years to complete.

Funding

Assistance with funding for this type of work is sometimes available through a disabled facilities grant to meet the needs of a person with a disability. In these cases, you will need to contact Kent County Council, Social Services to be assessed by an Occupational Therapist. The Occupational Therapist would then make a referral to us (Tonbridge & Malling Borough Council) for a disabled facilities grant if necessary. You should do this before starting any works.

If you live in rented accommodation, your landlord may be able to help.