Connect with us

Current

Should the developer pay for my drive’s missing dropped kerb?

Voice Of EU

Published

on

PROPERTY CLINIC: I bought a house with a drive that the developer never got a dropped kerb for, who is responsible for paying for one?

  • You have approached your local council about it paying for your kerb to be fixed 
  • The developer was issued with guidance by the local council to drop the kerb
  • No work has been carried out and the kerb needs to be dropped 










I bought a property that has a driveway without a dropped kerb. It is uncomfortable every time I drive over it. When I approached my local council about getting it fixed, it said the developer was under no obligation to drop the kerb. 

The council said I would have to apply for a licence to get it dropped. That licence costs £222.35. 

I will also have to pay for the work to be carried out. Is there anything I can do about this and why are developers allowed to build homes without dropped kerbs? MT

Parking space is at a premium and many want a drive, but you'll need a dropped kerb too

Parking space is at a premium and many want a drive, but you’ll need a dropped kerb too

MailOnline Property expert Myra Butterworth replies: Parking spaces are becoming highly desirable in many areas, as on-street parking restrictions proliferate.

Your developer was issued with guidance by the local council to drop the kerb. However, the local council in this case has confirmed that there is nothing in planning consent or elsewhere that required the developer to drop the kerb. 

Unfortunately, you have no claim against the original developer or the person from whom you bought the property. And so you will now need to apply to your local council for the kerb to be dropped.

Research by Direct Line found that during the past three years there has been a rise in the number of requests for dropped kerbs received by local councils amid an increasing demand for parking spaces.

Between April 2018 and March 2019, councils received an estimated 14,500 planning requests for dropped kerbs, rising to 14,700 between April 2020 and March 2021.

Stephen Gold, a retired judge and author, explained: Your local council is correct. In fact, it is sometimes necessary to also obtain planning permission for the construction of a dropped kerb: For example, if the kerb would be on a classified road or in a conservation area.

The fact that the all-clear has been given in the past to neighbouring properties for a dropped kerb is no guarantee that you will be as lucky because of changes in engineering standards and improvements in design. You may also be refused where, say, your property is on a bend or at a road junction or close to traffic lights.

The property was sold as it was, with no dropped kerb

The property was sold as it was, with no dropped kerb

You have no claim against the original developer or the person from whom you bought the property. 

The property was sold to you as it was: One driveway and no dropped kerb which would have been obvious, so you got what you bargained for. 

You would or should have contemplated that a drive from the property over the pavement might be an uncomfortable exercise. Had your seller agreed to bear the cost of construction of the kerb and associated expenses, the position would have been different.

But assuming that you bought with the help of a mortgage, the property would have been inspected by a valuer or surveyed on behalf of the mortgage lender and you may have organised your own private survey. 

If the process and expense of getting the all-clear for a dropped kerb was not raised in the inspection or survey report then you would have an arguable – although not a strong – claim against the report’s author or their employer. 

After all, section 184 of the Highways Act 1980 makes it an offence to drive over the pavement to get out of your property when the local authority has prohibited you from doing so in view of the absence of a dropped kerb and so this would have been an important matter.

You would have up to six years from the report to start what could be a county court ‘small claim’. You would be well advised to send details of the claim to whoever reported with a threat of proceedings if they do not pay up. If the claim is rejected by them, assess whether to take the matter further when you have the benefit of knowing why they assert they are not liable to you. 

Even making a small claims carries risks. You won’t get back the court fees if you lose and may have to pay the winner’s expenses for travel and loss of earnings in being at court.

  • Stephen Gold is the author of ‘The Return of Breaking Law’, published by Bath Publishing

Advertisement



Source link

Current

Prosecution of former British soldier over Troubles killing defended

Voice Of EU

Published

on

Northern Ireland’s Public Prosecution Service has defended the decision to prosecute British army veteran Dennis Hutchings over a Troubles shooting.

Mr Hutchings (80) died in hospital in Belfast on Monday after contracting Covid-19, leading unionist politicians to raise concerns that the case against him had been allowed to proceed.

The former member of the Life Guards, had pleaded not guilty to the attempted murder of John Pat Cunningham in Co Tyrone in 1974. He also denied a count of attempted grievous bodily harm with intent.

Mr Cunningham, a 27-year-old with learning difficulties, was shot dead as he ran away from an army patrol near Benburb. People who knew him said he had the mental age of a child and was known to have a deep fear of soldiers.

DUP leader Jeffrey Donaldson had challenged the prosecution service over what new and compelling evidence led to the trial.

Deputy director of public prosecutions Michael Agnew said: “The PPS [Public Prosecution Service] decision to prosecute Mr Hutchings for attempted murder was taken after an impartial and independent application of the test for prosecution.

“The test for prosecution requires a consideration of whether the available evidence provides a reasonable prospect of conviction and, if it does, whether prosecution is in the public interest,” Mr Agnew said.

“Whilst a review of a previous no prosecution decision does not require the existence of new evidence, the police investigation in this case resulted in a file being submitted to the PPS which included certain evidence not previously available.

“In the course of the proceedings there were rulings by High Court judges that the evidence was sufficient to put Mr Hutchings on trial and also that the proceedings were not an abuse of process.”

Mr Agnew said the PPS recognised the “concerns in some quarters” in relation to the decision to bring the prosecution.

He added: “We would like to offer our deepest sympathies to the family and friends of Mr Hutchings, and acknowledge their painful loss.

“However, where a charge is as serious as attempted murder, it will generally be in the public interest to prosecute.”

“Our thoughts are also with the family of John Pat Cunningham who have waited for many decades in the hope of seeing due process take its course.”

Mr Hutchings had been suffering from kidney disease, and the court had been sitting only three days a week to enable him to undergo dialysis treatment between hearings.

He was charged with the attempted murder of John Pat Cunningham in Co Tyrone in 1974.

Mr Hutchings died at the Mater Hospital on Monday while in Belfast for the trial. Hours earlier, the trial had been adjourned for three weeks in light of his health.

Mr Donaldson said he had been shocked when the decision was taken to bring the case to trial. “He has been literally dragged before the courts,” he told the BBC.

“Dennis is an honourable man, he wanted to clear his name, he was prepared to go despite the risk to his health but I do think this morning there are serious questions that need to be asked of those who took the decision that it was in the public interest to prosecute this man.”

Mr Donaldson said Mr Hutchings’s actions had been investigated at the time.

“So it is not a question of this being something new, and therefore the question I have for the PPS is what was the new and compelling evidence that meant it was in the public interest to bring an 80-year-old in ill health on dialysis at severe risk to his health before the courts, and I think that is an entirely valid question that I am entitled to ask this morning,” he said.

Ulster Unionist Party leader Doug Beattie has called for a “full and thorough” review into the decision-making of the Public Prosecution Service. – PA

Source link

Continue Reading

Current

How to value your home

Voice Of EU

Published

on

Since Revenue disclosed details of its property tax revaluation campaign back in mid-September, households around the State have started to fret about how much their home is worth.

Where just a few short weeks ago, people were talking jubilantly about how much the house across the road had sold for, now there is a fear that exuberant house prices will cause a sharp rise in property tax bills.

Source link

Continue Reading

Current

‘Full house’ as property asking prices increase in all regions of UK in October

Voice Of EU

Published

on

Every region of Britain saw house asking price records broken in October, as the national average jumped nearly £5,000. 

It was the first time that every region broke asking price records since March 2007, according to Rightmove’s monthly house price index.

The property portal said this ‘full house’ of price increases was an ‘extremely rare event’.

The typical asking price for a home has jumped in all regions of Britain, and now sits at a national average of £344,445. This is according to Rightmove's house price index

The typical asking price for a home has jumped in all regions of Britain, and now sits at a national average of £344,445. This is according to Rightmove’s house price index 

The typical price of a property coming to market jumped by 1.8 per cent or £5,983 compared to the previous month, the biggest rise at this time of year since October 2015.

Asking prices are now at an average of £344,445, an increase of 6.5 per cent compared to October 2020. 

The North West and Wales both saw especially strong increases in asking prices amounting to 2.3 per cent. They reached £232,639 and £237,830 respectively. 

The South West and London both saw a 1.9 per cent monthly change, with prices reaching £359,906 and £650,683.  

The number of sales being agreed was up more than 15 per cent, compared to the same time in 2019.

Prices also increased in all property market sectors. First-time buyers saw asking prices up 0.8 oer cent to £210,672, while second steppers saw an increase of 1.4 per cent to £315,486 and those at the top of the ladder saw a 1.7 per cent rise to £630,819. Those figures exclude Central London, however. 

Rightmove put the increase down to buyers wanting to secure their new homes ahead of a potential base rate rise, which is being predicted by some for the end of the year. 

If interest rates increase, mortgage rates will go up from their current record lows.

This is already happening in some cases as lenders move to pre-empt the rise. 

The North West and Wales saw the biggest asking price rises. They increased 2.3% in a month

The North West and Wales saw the biggest asking price rises. They increased 2.3% in a month

Ups and downs: Asking price increases for the whole of the UK in the past five years

Ups and downs: Asking price increases for the whole of the UK in the past five years

The stamp duty holiday had previously been driving activity and house prices, but this expired at the end of September.

The continued price rises offer an opportunity for those who are downsizing, or do not need to buy another property, to sell up to cash out.

Tim Bannister, Rightmove’s director of property data, said: ‘Competition for property for sale remains hot this autumn, with average prices jumping by almost £6,000 in the month. 

‘Although more properties are coming to market, the level is still not enough to replenish the stock that’s being snapped up. 

‘Consequently, new price records have been set across the board, with every region of Great Britain and all of the three market sectors of first-time buyer, second-stepper and top of the ladder hitting all-time highs.’

Asking prices reached new highs for buyers at both ends of the market ¿ and in the middle

Asking prices reached new highs for buyers at both ends of the market – and in the middle

Also driving up house prices is the lack of new housing stock coming to the market, though Rightmove said the situation was slowly improving.

Its latest weekly snapshot showed that the number of new sellers coming to market was down on the same period in 2019, but only by 3.2 per cent.

Bannister added: ‘This ‘full house’ is an extremely rare event, happening for the first time since March 2007. 

‘The stock shortages started after the first lockdown, and they look set to continue with the underlying housing market fundamentals remaining strong, and an additional incentive to buy and fix your mortgage interest rate before a widely expected rate rise.’

In these ‘full house’ market conditions, with many homes being snapped up quickly and sellers having a choice of competing buyers, those buyers who have already sold their own property subject to contract or have nothing to sell are being favoured.

This has led some to put their own home on the market before they have identified a new property.  

Bannister said: ‘2021 has been the year of the power buyer, with those in the most powerful position to proceed quickly and with most certainty ruling the roost over other buyers who have to sell but have yet to come to market. 

‘One agent’s analysis that 87 per cent of their sales agreed were snapped up by buyers who were already in a position to proceed is fairly typical of reports from many agents.’ 

Despite the hot market, most homes still sell below the asking price. 

According to the latest Halifax house price index, the typical sale price is £267,587

Director of estate agent Benham and Reeves, Marc von Grundherr, added:  ‘With the market remaining particularly buoyant, those entering with a property to sell are pricing high and this has caused yet further growth where asking prices are concerned.

‘While initial asking price expectations are perhaps a little over-optimistic, to say the least, a lack of stock to satisfy demand means that homes are selling fast and for a very good price.’ 

Some links in this article may be affiliate links. If you click on them we may earn a small commission. That helps us fund This Is Money, and keep it free to use. We do not write articles to promote products. We do not allow any commercial relationship to affect our editorial independence.

Source link

Continue Reading

Trending

Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates 
directly on your inbox.

You have Successfully Subscribed!