Dropped kerbs

Before you apply please be aware of the following;

1. Once your application is submitted, the council will contact you to acknowledge receipt, and at that stage, requires payment of a fee in the sum of £180 to cover the administration fees for your application. Please note that this fee is to be paid by a debit or credit card, and is separate and additional to any sum that you agree with your chosen contractor for the cost of constructing the vehicular crossing facility. This fee is listed on the councils published list of fees and charges under Vehicular Crossings.
2. No application will be considered by Kirklees Council until payment of the £180 fee is made.
3. You must have a hardstanding, parking area, or driveway on the property which is a minimum size of 5 metres long by 2.5 metres wide. The council has a duty to ensure the safe passage along the highway network and have to ensure a vehicle would not overhanging the pavement, causing an obstruction to pedestrians and other users of the highway network. This is in accordance with 137 of the Highways Act 1980.
4. If you need to construct a hardstanding (parking area) or driveway then please check the Find out if you need planning permission section on the Kirklees website.
5. The construction of any hardstanding, parking area, or driveway must be in accordance with current planning regulations and the document titled GOV.UK - Permeable surfacing of front gardens: guidance.
6. Before the vehicular crossing facility can be constructed, your hardstanding, parking area or driveway, must have a way of preventing surface water from flowing onto the pavement and road. This is to comply with Section 163 of the Highways Act 1980.
7. If you are a tenant of Kirklees Homes & Neighbourhoods or live in a former Kirklees Homes and Neighbourhoods property please note that you will need to speak to your local Housing Officer and request their written permission to construct a driveway or hardstanding (parking area) before completing the vehicular crossing application form. You can contact Homes and Neighbourhoods by email Email housing@kirklees.gov.uk or by phone Phone 01484 414886 ask for Homes and Neighbourhoods
8. If the location is within a conservation area or there are listed structures on site then consent may be required. To check if this is the case please contact the Conservation and Design Department on Phone 01484 414909 or by email at Email conservationdesign@kirklees.gov.uk Consent applications can be made online on the Planning portal
9. Any application to construct a vehicular crossing facility to serve a means of access that exits onto a classified road (either an A, B or C road) requires planning permission, prior to any application being submitted to Highways Service. Planning applications can be made online Planning portal
10. If a highway tree is situated within the area where you wish to construct a vehicular crossing facility, you must contact the Forestry team by email Email forestry@kirklees.gov.uk or by phone Phone 01484 221000 to obtain written permission for the tree to be removed. Please note the cost of any works will be the responsibility of the applicant and also The Council's Forestry Team will not support the removal of trees for vehicle drop crossings unless the tree is of limited life expectancy, or a suitable mitigation scheme is agreed. All trees removed will be replaced with suitable specimens and all costs for removal and replacement will be borne by the person applying for the drop crossing, calculated using the Capital Asset Valuation of Amenity Trees (CAVAT) methodology.
11. If a street lamp or sign is situated within the area you wish to construct a vehicular crossing facility, it is usually possible for Highways Service to relocate a lighting column to assist with the installation of a vehicular crossing, but as it is for the benefit of an adjacent property, the property owner would be liable for the full costs and not the public purse. This is common practice for all local councils across the country. Relocating a lighting column usually costs in the region of £2500 to £3500. A plan to relocate the apparatus would need to be agreed by Kirklees Council and the necessary fees paid prior to construction of the vehicular crossing commencing.
12. If utility apparatus or street furniture is situated within the area where you wish to construct a vehicular crossing facility, you must first contact the owner of the apparatus (Virgin Media, BT, Yorkshire Water, etc.) and ask if the location of their apparatus can be altered or diverted, and the applicant shall bear all costs incurred. No work shall start until any necessary works to the apparatus has been agreed with the owner of the apparatus and a copy of their written permission provided.
13. Please note that the construction of a vehicular crossing facility does not give the occupier of the premises any particular rights, except to drive across the footway to gain access to their property with a car or domestic vehicle. The vehicular crossing will continue to form part of the adopted highway network (you will not own the land) and users of the highway network must not be obstructed at anytime in their safe passage along the highway network.

Summary of conditions - Applicant

The council will consider your application against Section 184 of the Highways Act 1980.

As set out at Section 184 of the Highways Act 1980 (subsection 11), your application may be approved or rejected by Kirklees Council.

The council requires payment of a fee in the sum of £180 prior to any application to construct a vehicular crossing being considered. This fee is listed on the councils published list of fees and charges under Vehicular Crossings.

If rejected

If your application to construct a vehicular crossing facility is rejected, you will receive a refund of £80.

If approved

If your application to construct a vehicular crossing facility is approved, you will receive a copy of the councils standard design specification for the construction of a residential vehicular crossing facility

The residents chosen contractor must indemnify the council against any claim in respect of injury, damage or loss, arising in consequence of the construction of the crossing. This indemnity must include Public Liability Insurance in the sum of not less than £10 million and a copy of a certificate of insurance is required if not already held by the council.

The residents chosen contractor must provide all the necessary signs, cones, barriers, lamps, etc. and take all such measures as necessary to meet the prescribed requirements for the signing, guarding and lighting of street works as set out in Safety at Street Works and Road Works: a Code of Practice, having particular regard to the needs of vulnerable users of the highway network.

The resident shall inform the council upon completion of the construction of the vehicular crossing to enable a final inspection of workmanship and materials to take place. Your chosen contractor will guarantee the construction for a period of 2 years thereafter. Should the crossing fail the final inspection for any reason, the applicant's chosen contractor will carry out such remedial works as notified by the council and will pay any reasonable costs incurred.

The resident must provide a copy of the Summary of Conditions For Appointed Contractor - Streetworks to your chosen contractor to ensure they are aware of their obligations.

Highways Act 1980 - Section 184 - Construction of Vehicular Crossings

Once the resident has obtained the necessary permission from Kirklees Council to construct a vehicular crossing facility in accordance with Section 184 of the Highways Act 1980, please contact the council so your works on the highway network can be approved, coordinated, and any traffic management agreed.

Once you have a proposed start date for the construction of the vehicular crossing, please email highways.nraswa@kirklees.gov.uk with the following information:

• Address/location for the construction of the vehicular crossing facility.
• VX reference number which will have been provided to the resident on their approval paperwork.
• Proposed start date
• Estimated duration
• Traffic management to be used
• Pedestrian management to be used
• Contact name/telephone number

If the proposed duration is up to 3 working days, please provide this information at least 3 working days before the proposed start date. For durations over 3 working days, please provide this information at least 5 working days before the proposed start date.

Kirklees Council will carry out co-ordination checks, to see whether any other works or activities on the highway have been booked for the period covered by your proposed start date and duration. If other works/activities have been notified to the council, you will be contacted to discuss whether joint working is possible or to agree alternative dates.

Visit One Network to check to see what road space bookings have already been received for current and planned works and events.

The council will need to agree the use of appropriate traffic management and pedestrian management for the works.

Once works to construct the vehicular crossing facility have been completed, please ask the resident to notify the authority by emailing Email vehicle.crossing@kirklees.gov.uk. We will then perform a final inspection to ensure that the works meet our specification and appropriate road space was booked to undertake the works.

Any contractor undertaking works within the highway network without having booked road space will be liable to prosecution under the New Roads and Streetworks Act 1991 and/or Highways Act 1980 and removed from the council's approved list of contractors.