Annex 1
Draft Vehicle Crossings Policy
CYC, as the local highway authority and under Section 184 of the Highways Act 1980, has the power to grant permission for a vehicle crossing to be constructed, enabling a motorised vehicle to drive over a kerbed footway or verge.
A vehicle crossing provides the legal means for vehicle access to a property. The construction of a vehicle crossing usually involves strengthening the footway to allow vehicles to pass over without causing damage to either the footway or the numerous services usually located under the surface. Under Section 184 of the Highways Act, it is illegal for a mechanically propelled vehicle to cross the footway without a vehicle crossing.
There is no automatic right for someone to install a vehicle crossing and this policy describes how applications for new or improved vehicle crossings will be considered by CYC as the highway authority. CYC will consider applications against this policy.
In determining whether to grant permission for a dropped kerb, CYC must consider:
· The need to prevent damage to a footway or verge;
· The need to ensure safe access to and from the property; and
· The need to allow the passage of traffic on the highway.
The highway authority is not bound by precedent and considers each application on its own merits, against this policy. The decision made by the highway authority is final and is not subject to any form of appeal.
Applicants who are not satisfied with the decision can log a complaint by using CYC’s complaint procedure, demonstrating where CYC might have made an error or might have failed to comply with this policy (more information is available here: www.york.gov.uk/MakeAComplaint).
Please note that charges apply for vehicle crossing applications. Information on the charges and the application process is available at www.york.gov.uk/DroppedKerbs
Property ownership and access rights
If an application for a vehicle crossing (new or improved) is submitted by a customer who is not the owner of the property, the following is required:
· Rented property (including housing association) - Written permission from the landlord is required;
· Council property - Consent from CYC Housing Services is required.
The full location of the proposed vehicle crossing needs to be either within the property boundaries or within the adopted highway, or the applicant will need to demonstrate that they have secured the appropriate access rights. A map of adopted highways can be found here: www.york.gov.uk/RoadAdoption
Is planning permission required?
Planning permission is usually required for a new or improved vehicle crossing if:
· The property is located within a conservation area (more information is available here: www.york.gov.uk/YorkConservationAreas);
· The property is a listed building (more information is available here: www.york.gov.uk/ListedBuildings);
· The vehicle crossing application is connected to other works requiring planning permission (for example paving over a former garden area, building a new house or garage, or changing the use/purpose of the property); and
· The proposed vehicle crossing is on a classified road (A, B, C). See link: YorkView under the Miscellaneous category in the layer list and by selecting the Highway Network tick box.
Please note that planning permission is required if you are planning to pave over your front garden, resulting in more than five square metres built as an impermeable driveway that does not provide for the water to run to a permeable area.
There might be other situations where planning permission might be required. To find out whether a planning permission application is required, applicants can submit a householder enquiry form (more information is available here: https://www.york.gov.uk/PlanningPermission).
Number of vehicle crossings
In general, only one crossing per property will be approved. Separate 'in' and 'out' crossings are not normally permitted. If a second access is desired, the specific justification should be included at the point of application.
Driveways - Permissible lengths
There must be sufficient room on the property for a vehicle to be parked without it overhanging onto the public highway.
Parking at a right angle to the highway
Where
the proposed application is for a vehicle to be parked at a right
angle to the highway, a minimum length of 6 metres must be
available to park. This measure is taken from the back of the
pavement or property boundary (the face of any wall, fence or hedge
for example) to the front of the dwelling/garage.
Where the parking area is located away from any openings (dwelling doors, garage doors), this can be reduced to 5.5 metres.
Note: This requirement complies with CYC’s published Highways Design Guide, paragraph 8.8.5 and Appendix 24 (the guide is available here: www.york.gov.uk/HighwayDesignGuide).
Parking parallel to the highway
Parallel parking within the curtilage of the property is not actively promoted but may be considered in exceptional circumstances. It is usually not acceptable on classified roads.
Where parallel parking is proposed, the vehicle must be able to cross the footway and enter and exit the property in a single movement.
The full length and width of the vehicle must be contained within the property boundary, requiring a minimum depth of 3m and a minimum width of 6m.
Driveways - Permissible widths
The minimum width of a driveway served by a dropped crossing is 3.2 metres, which may be reduced to 2.4 metres where a separate pedestrian path is provided.
A standard dropped crossing should include 3 dropped/low kerbs (approximately 2.75 metres wide) and two transition/taper kerbs (one on either side). This is illustrated below, as per Appendix 19 of CYC’s Highways Design Guide.
Where
required a maximum of 5 dropped/low kerbs may be authorised for a
single crossing (approximately 4.5 metres wide).
If the vehicle crossing is shared
with the neighbouring property, 8 dropped/low kerbs can be
installed (approximately 7.2 metres wide, 4 dropped/low kerbs in
front of each property).
Driveway size for vehicle crossings on classified roads
For vehicle crossings on classified roads (A, B and C where the proposed crossing is at a high risk location – close to a junction, high speeds, etc), additional space will be required within the property boundary to enable vehicles to access and egress in a forward gear. This will generally be required and secured through the planning process.
Note: Basic dimensions and layouts for turning heads are shown in CYC’s Highways Design Guide, Appendix 6 (available here: www.york.gov.uk/HighwayDesignGuide).
Proximity to junctions
If the proposed vehicle crossing is located within 10 metres of a junction or stop line of a signalised junction, the application will generally be refused on road safety grounds. If the property is situated at a junction between a minor and major road, it will generally be safer to locate the access on the minor road.
Visibility
To ensure the safety of other highway users, including pedestrians and children, proposed vehicle crossings need to demonstrate that adequate visibility splays are available and kept clear of any obstruction greater than 600mm in height, as illustrated below (exceptions are made for trees providing they have a clear stem of and street lighting columns). This includes:
· Vehicle versus pedestrians – splays measuring 1.5m by 1.5 m are usually required. This
· Vehicle versus vehicle - The visibility splay is made up of two components:
o the ‘X’ distance measured from the kerb towards the dropped crossing and driveway, this is usually 2.4m and can be reduced to 2m in urban areas; and
o the ‘Y’ distance measured along the edge of the road carriageway from the side of the dropped crossing/driveway. Y must be at least 40m for 30mph roads, reduced to 22m in 20mph areas.
Note: This requirement complies with CYC’s published Highways Design Guide, Appendix 25 and the relaxation is in line with advice included in national guidance published in Manual for Streets. These documents also provide more detailed information on visibility splay requirements
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Vehicle versus pedestrians |
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Vehicle versus vehicle |
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Trees and street furniture
Trees form an important part of the street scene and will not be removed in order to accommodate a vehicle crossing unless there is a sound arboricultural reason for removing them. Applications requiring the removal of a healthy, well establish highway trees will be refused.
A minimum 1 metre clearance must be maintained for mature trees, and 2 metres from newly planted trees. Some trees are protected by a Tree Preservation Order (TPO) and additional permissions might be required. More information is available here: www.york.gov.uk/TreesInConservationAreas.
A minimum 1 metre clearance must be maintained from existing street furniture (for example telegraph poles, street lighting, signs, bus stops, and utility chambers).
Resident parking/Bus stop/Pedestrian Crossing - Additional approvals/processes required if any of these need to be removed/relocated.
If the street furniture needs to be relocated as a result of the proposed vehicle crossing, the applicant will need to obtain the required consent from all necessary parties before a vehicle crossing can be permitted. Any costs associated with this requirement will be at the expense of the applicant.
This also applies where changes might be required to existing Traffic Regulation Orders (for example where a dropped crossing requires the removal of a marked on-street parking bay such as Resident Parking, loading or a disabled bay). If it is necessary to amend an existing Traffic Regulation Order, this will result in additional costs to cover the costs of advertising and consulting on the proposed changes to the Order. Any change to an existing Order will be subject to the outcome of a statutory consultation and cannot be guaranteed.
It will also significantly delay the process of approving a crossover application. The council may refuse an application where it is considered that the removal of too many on-street spaces or provision of too many vehicle crossings would lead to insufficient on street space being available.
Other issues to consider
Gradient - If there is a steep verge over which the new crossing must be constructed, the gradient cannot be steeper than 1:10.
Use of gravel hardstanding – If the intention is to use gravel/stones as hardstanding for the driveway, a 2m buffer of bound material inside the private curtilage must be provided to prevent overspill onto the highway.
Drainage - If the proposed driveway slopes/drains towards the public highway, and is not constructed of permeable material, a drainage channel must be installed to drain water away from the public highway.
Gates - If gates are to be fitted across the entrance to the property, they must not open outwards across the footpath or carriageway (Section 153 Highways Act 1980). On A, B and C class roads, the gates should be at least 6 metres back from the edge of the footway and open inwards unless the 6 metres is achievable whilst opening the gate.
Redundant vehicle crossings - Any existing vehicle crossing that becomes redundant following the construction of a new/improved crossing must be removed, with the footway/verge reinstated at the applicant’s costs. If a crossing is no longer performing its function due to a new fence or building preventing a vehicle from being able to park off the highway (to minimum dimensions above), it should be removed at the owner’s cost.