Eastrington and Howden dropped kerbs issue continues

The issue of dropped kerbs across footpaths and verges to allow access to driveways again came to the fore at a public meeting held this week in Eastrington for both Eastrington and Howden residents, who had received letters from the East Riding of Yorkshire Council (ERYC), informing them of the legal position under the Highways Act, where the Government legislation insists the council is required to maintain the highway including kerbs, verges and footways. The Council being the body that enforces the construction of appropriate vehicular crossings.

The problem arises, as now many households possess at least one vehicle, very often 2 or 3, and the streets were not originally designed to accommodate the present requirement for off road parking. Naturally people want to park their vehicles off the road if possible, to avoid damage and congestion and many have constructed driveways - but without having the correctly constructed dropped kerbs.

Beneath the verges and footpaths there are located gas, electrical and other service lines, which can be damaged by vehicles passing over the un-supported ground cover. The repairs to these can lead to inconvenience and costs that put pressure on Council Tax contributions or increased utility bills.

The issue first came about a year ago when letters where received by a dozen or so residents of Eastrington’s Pinfold Street and of Howden’s Derwent Crescent. I shared the feelings of the residents when they said the letters were badly written and somewhat heavy-handed, we as a Council looked into this, lessons were learnt and the format and tone of the letters subsequently changed. Residents where also given a grace period to have the work done whilst still using their drives.

Some residents have questioned why some dropped kerbs have been installed in Goole free of charge. I have looked into this and found that this work has been funded as part of a ring-fenced Government regeneration budget, which if not spent in Goole, it would be taken back, by the Government, and given to another authority.

Working with Eastrington’s Pinfold Street residents, we were able to find ways to take advantages of economies of scale. This included purchasing just one vehicle access information pack, working with the council so all the work was covered under one single planning application, and obtaining a very good deal from one contractor who offered a reduced price for doing all the driveways at the same time. Unfortunately one or two residents decided not take advantage of this and are now faced with a higher cost if they choose to have the work done, having to park on the street in the meantime, and enforcement action if they continue to use their driveways.

Ten further Eastrington households have recently received letters from the Council asking them to consider installing dropped kerbs; I am committed to helping these residents as before, in trying to make the process as straightforward and cost effective as possible.
I have a great deal of sympathy with householders having to pay for their own 'dropped kerb access', if it is their responsibility, but ultimately this is Government legislation, with the Council’s role being to ensure that residents comply with the law.

(For the original story and comments please see post passim of 1st Sept 2008 at - http://paul-robinson-howdenshire.blogspot.com/2008/09/eastrington-howden-residents-hit-with.html or by typing Eastrington dropped kerbs into the blog search box at the top left of blog header and hit 'search blog')

Dropped Kerbs update

After looking further into this issue I can confirm that it is the law of the land that dictates that residents must provide dropped kerbs in front of their driveways, and although some council houses have dropped kerbs, allegedly provided by previous authorities, some have not, ultimately a proper form of access over the footpath is required, and unfortunately it is the responsibility of the householder to provide that access.

Originally it was the wording and aggressive tone of a letter from the East Riding of Yorkshire Council (as detailed previously)regarding the dropped kerb issue that had caused the anxiety amongst the residents who had received it. I have now had it confirmed that there will be no further letters sent out to residents until it has been redrafted.

It is a credit to the residents of Eastrington's Pinfold Street that they have been able to form their our community group, to work together in order to minimise the cost to install dropped kerbs at the front of their properties. The costs are reduced by only having to submit the one joint planning application and benefiting from the economies of scale gained by using one contractor to carry out all the work.

Residents who continue to use their drives should be mindful of their liability for any damage to underground services in the footpath caused by vehicular movements above, and although using unauthorised accesses across the footpath is still technically illegal, I would hope the council would not be rushing out to fine residents, particularly if they have already made contact with the council in reply to the original letter.

Eastrington & Howden Residents Hit With Demand To 'Drop Kerbs'

With Howden Councillor Mark Preston and Eastrington Residents

A number of East Riding residents have been receiving a somewhat threatening letter from the East Riding of Yorkshire Council (ERYC) regarding ‘Unauthorised Vehicular Access’ from public highways. The letter informs residents that they must stop using their drives until a satisfactory means of access to the ‘kerbed footway or verge’ has been constructed to the satisfaction of the council – or in layman’s terms: until the householder has paid a council approved contractor to install dropped kerbs in the footpath fronting their property at a cost estimated to be £800. Failure to do so and residents will be guilty of a criminal offence and liable to a fine not exceeding £1,000.

A dozen or so residents of Eastrington’s Pinfold Street received these letters, and after meeting with them I can confirm their attitude ranged from anger to worry, angry that the issue of the dropped kerbs had not been picked up during the process when they purchased their homes (in some instances buying the house from the council), and worried that they will be faced with a fine if they continue to use their drives as they have done for as many as 40 years. Some of the residents are pensioners; others are even council tenants – living in council houses!

I am led to believe that since receiving the letters some householders have parked their vehicles on Pinfold Street which had the effect of blocking the road for farm vehicles, particularly combine harvesters, who were trying to get to their fields after the crops had at last dried out sufficiently to harvest. If all the residents on Pinfold Street resort to parking their cars on the road, I'm sure the resulting traffic congestion in the area would be unacceptable. We have to remember that for an action there can sometimes be an equal or greater reaction that is not foreseen.

Residents on Howden's Derwent Estate who received similar letters have the same concerns and contacted my fellow ERY Councillor Mark Preston regarding the issue.

I share the feelings of the residents of Eastrington and Howden when they say the letters are badly written and somewhat intimidating. I don't have a problem as such with the concept of householders paying for their own 'dropped kerb access', if it is their responsibility.

It is unfortunate that residents were not given a notice period rather than the threat of a £1000 fine, and in the present climate many people may not be able to find the £800 at one time to pay for this work. Obviously this is an internal matter for the Council of which I am a member, BUT I hope the sending out of such ‘heavy handed’ letters will not be repeated and lessons will be learnt.