Repairs to footpath across dropped kerb.

Discussion in 'OT (OFF Topic) Forums' started by Satch, Mar 20, 2015.

  1. Satch

    Satch Hardcore MB Enthusiast

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    Access to my driveway is achieved via a vehicle cross over.

    This has been in place since it was built 40 years ago and over the years the footpath has broken up, so it is now in a poor state and needs to be replaced.

    Council are telling me that I am responsible for the costs of all repairs but their publications only cover the costs of applying and building a new one: wholly silent on repairs.

    Added to that the deeply unhelpful person I spoke to gave nothing better than "because you are".

    Anybody been through this?
     
  2. Philbask

    Philbask Active Member

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    I had one in a previous property some 20+ years ago, IIRC, you are responsible for any 'constructional defects' for 12 months. The council assume responsibility for any maintenance at no cost to you, unless damage is caused by illegal use of: for example using the crossover for heavy commercial vehicles.
     
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  3. MCFastybloke

    MCFastybloke Hardcore MB Enthusiast

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    No direct info on your situation but.

    An approved contractor must be used for such installations to enable the local authority to adopt the alterations and as such responsibility for its upkeep.
    Similar, if Transco dug in the footpath outside your property to service the supply to your property would you then be liable for the ongoing maintenance of the repair to the tarmac/surfacing.
     
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  4. OP
    OP
    Satch

    Satch Hardcore MB Enthusiast

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    That is my understanding but keep being fobbed off with misinformation and what I think amount to outright falsehoods.

    Time for a letter to my elected representative I think: keeps telling me what a wonderful job she is doing
     
  5. renault12ts

    renault12ts MB Club Veteran

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    If someone trips and is injured...they'll be responsible. Tell them that.
     
  6. Giantvanman

    Giantvanman Hardcore MB Enthusiast

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    I could be wrong but it is my belief that if you want a drop kerb and vehicle crossing point, it has to be installed with the permission and by the council or its agent. This is because they are liable for people using the public footpath, I would say. Whilst the person requesting the initial work is billed for it, I cannot see a way whereby the home owner is in any way liable for the maintenance of a PUBLIC footpath unless that part of the carriageway (footpath) that becomes a crossing point is no longer public and therefor private.
    The obvious response to said unhelpful person is if it my responsibility, then I will be doing it in jelly; raspberry is my favourite. The fact that they didn't quote anything to back them up would make me suspicious.

    Is the layout -road, kerb, footpath and then your property? Or is it road-kerb-footpath-section of grass-your driveway? Just trying to think like a council employee and work out possible reasoning.
     
    Last edited: Mar 20, 2015
  7. Palfrem

    Palfrem Hardcore MB Enthusiast

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    It becomes part of the footway and the council is responsible for all future maintenance just like the rest of the street.
     
  8. Dave Richardson

    Dave Richardson Hardcore MB Enthusiast

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    Until 3 years ago part of my daily work was to arrange for lowered kerbs or footway crossovers to be carried out. You actually pay for the kerb to be removed and corner kerbs to be set, & the area should have been re surfaced to ensure safe passage of pedestrians. The foot way or pavement remains the property of the local authority.

    Hope this helps
     
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  9. OP
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    Satch

    Satch Hardcore MB Enthusiast

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    It does indeed.

    The householder pays for the original works, Council has to approve (now discovered that mine does core samples in 10% of new ones) and then adopts the footpath, which makes perfect sense.
     
  10. flango

    flango MB Club Veteran

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    Not as simple as the above and one of SWMBO specialist areas.

    Take my house for example. I converted from a single drive to a double drive along with the necessary drop kerb improvements. Under the planning and subsequent local authority laws I am responsible for the footpath area between the two dropped kerb stones not the council. This means if it is in a poor state of repair and someone trips and injures themself it is my problem not the Council's

    My pal lives 3 streets away but different local authority same driveway set up as me, but only way a dropped kerb could be done was via council appointed contractor, he is not responsible for the area between the dropped kerb, the council are but only in terms of liability. In terms of repair it is up to the home owner and repairs can be enforced by the council.

    Check what was in the planning and whats in the deeds as it varies dramatically from one authority to another
     

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