Can I be denied to put my own application?

[Lauren77]

Appraisals and Surveys - Cornwall Council

Strategic Historic Environment Service's appraisals and guidance documentation.

www.cornwall.gov.uk

Thanks! Had a little look, where could I find the constraints? There are driveways in the conservation areas in close proximity to us, which have clearly been done within the last 10 years at most.. could these be used in demonstration? On our lower section of road there are 5 driveways that have been completed at varying times.

I don’t understand still though how it’s purely on how I use my land, they don’t have an issue with the fact the boundary wall has been taken down just the use of my land for parking.. they have taken away even more parking by extending yellow lines 8-10 less cars can now park.. helps in my situation of trying to create parking as visibility has drastically improved because of this.. but otherwise it’s made parking a nightmare!

 

[freddiemercurystwin]

Do you live in Cornwall then?

 

[Lauren77]

Yes I do

 

[RandomGrinch]

Thanks! Had a little look, where could I find the constraints?

If you click on the interactive map (in the link) in your area, two documents are listed...
From what I can see I don't believe there are any constraints enacted from these documents.
However there were recommendations made - and I'm afraid I have no idea whether these will influence decisions, or not.
...although given that the documents are now nearly 20 years old, I'm afraid I may have led you on a wild goose chase - sorry!

 

[oldbutnotdead]

The LA cannot stop you permanently storing a car in your front garden but they can get heavy about the driving over bit- you are not allowed to drive across a pavement without a dropped kerb.
Dropped kerb isn't really a permission thing, it's usually down to road (nearby junctions) and location of utilities. Check the local policies, if your plan clears those then keep at them, if they stonewall then keep going up the chain.

 

[Lauren77]

If you click on the interactive map (in the link) in your area, two documents are listed...
From what I can see I don't believe there are any constraints enacted from these documents.
However there were recommendations made - and I'm afraid I have no idea whether these will influence decisions, or not.
...although given that the documents are now nearly 20 years old, I'm afraid I may have led you on a wild goose chase - sorry!

Don’t worry! It’s not you that’s the councils bloody plan! In hopes people will just give up and comply!

Thank you, I couldn’t see any constraints either, and can they really stop people with plans just because they “may” have ideas for the area in the future? That could be an infinity lol!

I hadn’t realised it were that old that’s definitely good to know and add in!

 

[Lauren77]

The LA cannot stop you permanently storing a car in your front garden but they can get heavy about the driving over bit- you are not allowed to drive across a pavement without a dropped kerb.
Dropped kerb isn't really a permission thing, it's usually down to road (nearby junctions) and location of utilities. Check the local policies, if your plan clears those then keep at them, if they stonewall then keep going up the chain.

I was definitely under this impression! Yes and I completely understand that. Although my neighbours need to be told this, we have some 3 doors up that park their whole vehicles on the pavement, yet that’s okay as they’ve been doing it for years! An application has never been put in for a dropped kerb, so shall I just go ahead and apply and hope they’ll approve it and then essentially they won’t have anything to complain about.. we have to apply for a “vehicle crossing license” here to enable contractors to carry out the work.. very confusing it’s like a two step application firstly apply for permission to have one and then apply for the license so frustrating, it’s the way the council like it though it seems!

Thank you for reply will definitely keep at it!

 

[oldbutnotdead]

If it's the same as up here you need approval from the council (but as above that's more of a technical thing). Once you've got that you can either pay the council to do the job or find a private contractor who has all the necessary indemnities (council should have a list). Private usually cheaper, council easier

 

[Swwils]

It's also possible there is a permitted development rights condition on the whole thing.

No way they will permit a drop kerb there as it's already double yellows for the incoming 20 mph junction and the narrow path indicates water utilities under.

 

[blup]

Bit of a conundrum this. The hardstanding isn't permitted development because there is no (legal) access, and the access isn't pd because there is no (legal) hardstanding. So an application for both is required. That happened recently with a previous owner and was refused. So the OP can apply again or do nothing and appeal any enforcement notice that is served.

The searches done at the time of purchase should have revealed the previous refused application for planning.

Blup

 

[Lauren77]

It's also possible there is a permitted development rights condition on the whole thing.

No way they will permit a drop kerb there as it's already double yellows for the incoming 20 mph junction and the narrow path indicates water utilities under.

There is no constraints against the land it’s an old building approx 1890 and since then it’s already had 2 separate 2 story extensions.. (not done by me) those are usually on council buildings or new builds.. it’s also not in a conservation area or a listed building.. they also had no issue with the boundary wall being taken down..

It’s literally just the fact I’m changing the use of a garden to parking..

We have had contractors out already to price the job and they haven’t said that any utilities would be effected they also said they couldn’t see it being an issue being accepted.. again the drop kerb is something that has not even yet been applied for.. down here many many people have dropped kerbs next to yellows.. despite the junctions we’re still more than the minimum amount needed away from both..

Thanks for your reply but as of yet we haven’t applied for a drop kerb and highways (I emailed them an enquiry) have had a look and said it could well stand a chance to be accepted this time.. we can only hope

 

[Swwils]

Apply again its good income for the council.