Please contact:
Angie Godden
Technical Assistant (Highways Management)
Your ref:
AG/VCAPP/
Our ref:
Date:
Frontline Services
Regeneration, Community and Culture
Medway Council
Civic Headquarters
Gun Wharf
Dock Road
Chatham Kent ME4 4TR
Telephone: 01634 306000
Facsimile: 01634 331759
Direct line: 01634 331835
Email: angie.Godden@medway.gov.uk
Dear Sir/Madam,
VEHICLE CROSSOVER APPLICATION
I refer to your recent request for information on the above.
Approval must be obtained from Medway Council to permit a vehicle crossover on the
public highway.
Enclosed with this letter are the following documents:




A vehicle crossing application form (VC1) – to be used if you wish to obtain a
quotation from the Council using their Term Contractor, Volker Highways;
Notes and standard conditions relating to vehicle crossovers;
A copy of our Approved List of Contractors who can undertake vehicle crossover
constructions;
A payment form should you wish to pay the inspection fee by debit/credit card
A Lawful Development Application Form – this is recommended to be completed,
but it is not essential and does not form part of the vehicle crossing application. If
you chose not to submit a Lawful Development Application at this stage and a
subsequent site visit determines that one is required, then your vehicle crossing
application will be put “on hold” until you have acquired your Lawful Development
Certificate approval. If you want further information on this matter, then please do
not hesitate to contact me on the above direct line number.
Please make sure that you read the notes carefully before submitting your application.
Planning
In addition to highways consent, any development proposed to your property may need
planning permission and the formal way of obtaining a decision in writing from the
Development Management Section is to apply for a Lawful Development Certificate.
This may be important in the future should you need confirmation in writing for the later
sale of your home. The cost of this is £86.00 for proposed works or £172 for retrospective
works and details are available on our website about how to do this. The facts of the
development and history of the property will be checked as part of the process. If the
development is lawful, a decision of approval will be issued. If permission is required, a
decision of refusal will be made and the reasons stated in the decision notice for your
information. At that point you may wish to apply for planning permission or appeal against
the decision if you disagree.
If after submitting an LDC, the Development Management team determine that you
require full planning permission, then you will have to apply for planning permission and
pay an additional £172 fee or if a change in the use of the land, £385.00
If a planning application is submitted, the authority will consider in the main, the impact of
the development on the character of the area, amenity of residents and highway safety.
This will ensure that all relevant planning requirements have been met and therefore
reduce the risk of enforcement action being taken if one is not applied for and the
development is considered unacceptable in terms of street scene or highways grounds.
You may not wish to apply for an LDC. If you don’t follow this procedure then the onus is
on you to undertake research beforehand to avoid potential enforcement action at a later
date:

Research the planning history of your property to ensure that there is no planning
condition or Article 4 direction imposed that restricts development from being
undertaken without planning permission; For example, the land may have been set
aside as part of the estate development for landscaping (even if within your
ownership) or is protected due to the character importance of the street scene.

Secure that the development shall be of porous materials and/or have a soak away
that contains surface water drainage within the site;

Secure that the development does not result in a crossover serving a hardstanding
considered an engineering operation (for example changing the land levels of the
garden by more than 300mm)

Ensure that the crossover must not be on a classified road (Class A B or C)

Ensure that the crossover serves a hardstanding that does not in itself require
planning permission;
Please note that if the above terms are not met then enforcement action may be
undertaken if later found to require planning permission and deemed unacceptable.
If the development does not fall within proximity to a tree please note the following:
Considering trees as part of your assessment
Tree roots keep a tree healthy and upright. Most roots are found in the top 60cm or 2 feet
of soil and often grow out further than the tree’s height. The majority of these roots are
very fine; even close to a tree few will be thicker than a pencil. Most street tree roots grow
under the footway but may also extend under the carriageway. If roots are damaged the
tree may suffer irreversible harm and eventually die.
TREE ROOT PROTECTION ZONE – A distance equal to 4 times the measurement
around a tree trunk (measured at 1m above ground level) and marked as a distance
from the tree or trees.
Where excavations, building up of levels or new surfacing are likely to be undertaken within this
tree root protection zone for any tree in your garden, your neighbours garden or on the
verge/footpath near your home you will need to:
1.
Find out if the trees are protected by a Tree Preservation Order or Conservation Area by
contacting Customer Contact on 01634 331700 or email at
planning.representations@medway.gov.uk. If they are protected trees you will need to
make a planning application and have it approved before seeking consent for the vehicle
crossing from highways.
2. Liaise with the tree team in Greenspace Services and Highways …… if the trees are
growing on a public openspace, verge or public footpath
Please note that materials, machines and spoil should not be stored within this tree root protection
zone.
Again please note that if the above terms are not met then enforcement action may be
undertaken if later found to be deemed unacceptable.
Whilst Highways staff will be happy to guide you, it is the householder’s responsibility
to ensure that all the correct permissions have been obtained. If you are unsure, you
should take independent legal advice. Highways will not be able to process your vehicle
crossing application until your LDC or Planning Permission is approved.
In order to process your application, you will need to decide whether you want the
Council’s Contractor, Volker Highways to undertake the works, or whether you wish to
employ a private contractor from the Approved List.
If you wish the Council to provide you with a quotation and use their Term Contractor,
Volker Highways, then you will need to complete application form VC1 and return this with
the £130.00 inspection fee. If you wish to use a Private Contractor, then once you have
obtained quotes from a selection of those on the Approved List and picked the Contractor
you want to undertake the works, they will provide you with a VC2 application form, which
you will be required to sign. You will need to pay an inspection fee of £166.00 and this will
need to be accompanied with your VC2 application. Please ensure you read and
understand the Notes for Guidance regarding appointing a private contractor to undertake
the works, which are attached to the VC2 application form.
NOTE: If you pay £130.00 to receive a quotation from the Council’s Contractor and then
subsequently wish to use a private contractor, you only have to pay an additional £36.00
to bring the total up to the required £166.00 inspection fee.
Ways to pay your inspection fee
 Cheque, made payable to “Medway Council”;
 By Debit/Credit Card, either using the form enclosed with the VC1 application form,
or over the telephone;
How to pay your Lawful Development Certificate fee
 Cheque separate from the Highway inspection fee, made payable to “Medway
Council”. This must be sent in with your completed LDC application.
Incomplete applications will result in delays occurring whilst the correct
information is submitted.
 Or you can complete your LDC electronically via the Planning Portal by visiting
www.planningportal.gov.uk/apply
To summarise therefore, you need to decide who you want to carry out the works on your
behalf in the first instance. If you choose to obtain a quotation from the Council to use
their Term Contractor, Volker Highways, you will need to pay £130 inspection fee and £86
for the LDC, a total of £216. Please note that if paying by cheque, you will need to
write 2 cheques, one for the inspection fee and one for the LDC, both payable to
“Medway Council”. If you choose to use a private contractor to undertake the works,
then you will need to pay £166 inspection fee and £86 for the LDC if you are submitting
one, a total of £252. Again, please ensure that if paying by cheque, you write 2 cheques,
both payable to “Medway Council”.
Permission is not normally withheld, but the Head of Highways and Parking Services may
refuse permission if the site is deemed unsuitable. However, if your application is
refused, your inspection fee will be refunded, but unfortunately not the fee for the LDC.
By completing application form VC1, you are consenting to us passing your details onto
Volker Highways, should you chose to have the works undertaken by them. If you are
happy with your quotation and wish to go ahead with the works, then please contact me
on the direct line telephone number shown on the front of this letter. The Council requires
full payment before an instruction is given for works to commence. Do not pay the
Contractor or the Contractor’s men directly. Works will not be ordered with our Contractor
until your LDC has been approved.
Please note that permission given by the Head of Highways and Parking Services relates
solely to the construction of a vehicle crossing over the public footway and/or highway
verge. Other permissions may also be required which are detailed in the guidance notes.
The onus is on the householder to ensure that they have read and understood the
guidance notes attached with regards to obtaining relevant permissions.
If you have any queries regarding this process or require further information, then please
do not hesitate to contact me.
Yours sincerely
Angie Godden
Highways Technician (Highways Management)
Encs:
Confirm Ref:
APPLICATION FORM TO CONSTRUCT A VEHICULAR CROSSING ACROSS A
FOOTWAY OR VERGE UNDER THE NEW ROADS AND STREET WORKS ACT 1991
Name of Applicant:
Address of Applicant:
Contact telephone number(s):
Precise location of the proposed vehicle crossover (if different to above):
Lawful Development Certificate Application attached:
YES/NO delete as appropriate
(PLEASE REMEMBER TO ENCLOSE A SEPARATE CHEQUE WITH YOUR LDC APPLICATION FORMS)
If you have decided not to apply for a Lawful Development Certificate, please state
why:-
Please tell us of any restrictive road markings at the location such as pay and
display, limited waiting, parking bays or bus stops etc. Please also tell us if there
are any trees in the area of the proposed crossing or any utility covers such as
Southern Water, British Telecom etc:
Sketch showing location of the proposed vehicle crossover (see typical sketch in
guidance notes):
Medway Council will only use the information provided in conjunction with the processing,
management and the compliance of your licence.
Have you enclosed the following?:



Cheque made payable to “Medway Council” for the inspection fee; or
Completed payment form if paying by debit/credit card;
Cheque made payable to “Medway Council” for the Lawful Development Certificate
application fee, if you have chosen to submit one;
Completed VC1 application form if you wish to obtain a quotation from the Council
to use their Term Contractor, Volker Highways.
I, the undersigned, being the Applicant, understand that this application does not provide
permission to construct a vehicle crossing over the footway and/or verge at the location
described on this application form and that no work will be carried out on the highway by
me or persons acting on my behalf before consent is granted.
I agree to abide by any conditions laid down by the Head of Highway and Parking
Services and I understand that if permission is not granted, any costs reasonably incurred
by the Highway Authority in relation to this application or its refusal may be recharged to
me.
Under Section 184 Sub-Section (1) of the Highways Act, it is an offence to “take a
mechanically propelled vehicle across the footway or verge” and into your property,
except over a properly constructed vehicle crossing. Therefore I understand that once
this form has been completed and submitted, that the Council may, if I choose not to
proceed, carry out future monitoring to ensure I am not crossing the public footway and/or
verge illegally.
Name (print): ……………………………………………………………………………………
Signature of Applicant: ……………………………………………………………………….
Date: ………………………………….
Address: …………………………………..
For Office Use Only
……………………………………………….
REFERENCE:
Payment may be made by any of the above debit/credit cards
Payment Details
1. Card Type …………………………………..
(Visa, Mastercard etc.)
2. Card Number
(16 digit number across centre of card)
3. Valid From Date
/
(Example: 04/06)
Expiry Date
(Example: 03/09)
4. Cardholders Name
Issue Number
(Applies to some debit car ds)
………………………………………………..
(Name shown on card)
5. Cardholders Address
………………………………………………………………....
……………………………………………………………
…………………………………… Post Code ....………….....
(If different from address above)
6. Inspection fee £130.00
GL Code: 4T92495000000000
Office Use Only
7. Cardholders Signature .....................................................
Date ………...........
8. Applicants Signature .....................................................
Date ………...........
Please return this slip as acceptance of your agreement for Medway Council to charge the above
amount to your debit/credit card.
VC1 GUIDANCE NOTES
Please return this application form and requested documents to the appropriate
address shown on the covering letter.
1.
In certain circumstances, Planning Permission will need to be obtained in order to
construct a vehicle crossing. This is dependant upon a number of criteria but relate
to such factors as to whether access is taken from a classified road (A, B or C road);
if it is in a conservation area, if permitted development rights have been removed
etc. You should check the need for planning consent with the Council’s Planning
Department to ascertain if planning consent is required. If it is not, evidence will be
required to confirm this in writing. If planning consent is required you are advised
not to submit your application to the Highways Department until planning
permission has been granted.
2.
Provision must be made within the boundary of the property to adequately drain the
existing/new driveway or hardstanding. Rainwater must not be allowed to flow onto
the public highway and should be directed to the property’s surface water drainage
systems. (Please ensure that this is included in the Contractor’s quote). From 1
October 2008 the permitted development rights that allow householders to pave their
front garden for hard standing without planning permission has changed. Please
check the rules with the Council’s Planning Department before submitting your
application.
3.
If the proposed crossing will cross land not owned by the applicant or is not highway
verge, the permission of the landowner(s) will need to be obtained before submitting
your application.
4.
If you intend to use the crossing for heavier vehicles (i.e over 3.5T) you will need an
enhanced crossing and you must contact us.
5.
Once your application form has been received, Highways will need to carry out an
assessment to ensure highway safety is not affected. This will consider various
aspects such as:



Space to park a vehicle wholly within the boundary of the property perpendicular (at
right angles) to the road. A minimum of 4.8 metres x 2.4 metres is required
although each site will be verified individually and judged on its own merits and
therefore some minor variation may be possible;
Adequate visibility either side of the access both for vehicles and pedestrians. For
pedestrian visibility a splay of at least 2.0 metres x 2.0 metres, (maximum height 1
metre) from the back of the footway will be required;
Proximity of any junctions, accesses, parking bays, bus stops etc;
Proximity of any trees, poles, utility covers, street lights, boundary fences, hedges
etc;


Close proximity to the above could result in your application being refused or extra
costs being incurred. Please note that only the Contractor appointed by the
utility company can alter their apparatus on the highway.
Whether there is a parking bay outside your property – please note that if there is,
there will be a requirement to have the bay removed and remarked and all the
costs associated with doing this are charged to the applicant. More information can
be obtained from our Traffic Management Team.
6.
Should your application be refused, you will be informed of the specific reasons for
that refusal. Your initial inspection fee will be refunded.
7.
Once your application has been received and the location approved, you will receive
a confirmation letter. At this point your application will be sent to the Council’s
Contractor, Volker Highways who will inspect and assess the site on our behalf. This
can take upto 30 working days. If the site meets the criteria, you will be sent a
quotation from Volker Highways. If the site fails for any of the reasons detailed in (5)
above, you will be advised accordingly and the inspection fee refunded.
8.
You can use a company from our approved contractor’s list to carry out this work.
The contractor and operatives are accredited in accordance with the New Roads and
Street Works Act 1991. You are advised to seek at least three quotations for the
work and you should be aware that the cost of construction is likely to be in the
region of £1,000 - £2,500 for a standard crossover, but will vary according to location
and site-specific conditions. All of the contractors on our approved list are members
of the Medway Fair Trader Scheme. If you have any difficulties contacting these
contractors, then please advise us on (01634) 331835.
9.
We will carry out a visual inspection on completion of the works to ensure that they
have been carried out to the agreed standards.
10. Signing and guarding of the site shall be carried out to the correct standards. This is
the responsibility of the contractor. A Highway Inspector with advise the contractor
as necessary.
11. There is a 2-year maintenance period that starts after satisfactory completion of the
work. Medway Council will liaise with the contractor to require that they rectify any
defects during this time.
Please ensure that accurate measurements are shown on the sketch plan. If you are
unsure of the suitability of the location proposed by a vehicle crossing or wish to discuss
your application with a member of the Highways Team prior to submitting your formal
application, then please contact us on (01634) 331835.
Typical Sketch (example):
No. 23
No. 25
No. 27
4.8m
No. 29
No. 31
Driveway
2.4m
Vehicle
Crossing
FOOTWAY
5.4m
2 taper kerbs and 4 dropped kerbs
CARRIAGEWAY
FOOTWAY
NOTE: Hand drawn sketches from the applicant will be acceptable
FREQUENTLY ASKED QUESTIONS – DROPPED KERBS AND VEHICLE
CROSSOVERS
When is a dropped kerb/vehicle crossover needed?
Whenever it is desired to drive a vehicle across a publicly maintained footway or verge in
order to park it on private property (e.g. a driveway by a house) or conversely, drive the
car away from the property.
Why do I have to have this?
Footways and verges are normally only built with enough strength to cater for the weight
of pedestrians or animals. A vehicle crossing an unprepared footway will cause damage
to it after some time, if not immediately. In order to avoid damage, the crossover must be
constructed to an approved specification. The dropped kerbs are necessary to enable the
vehicle to gradually adjust to the difference in level between the footway and road surface.
Do you have any legal powers to insist on a dropped kerb and vehicle crossover?
Yes, under Section 184 of the Highways Act 1980.
Do I need permission and what are the procedures?
You will need permission from Medway Council’s Highways Department to cross a
publicly maintained footway. All applications are assessed from a safety and suitability
viewpoint and we reserve the right to refuse highway permission.
Do I need permission from anyone else?
You may need planning permission if you live on a classified road or if you intend to
create a hard standing within the boundary of your property using a non-porous material.
You will also require planning permission if you are altering the level of the land by either
lowering or raising it by 300mm. You will need to contact our Planning Department on
(01634) 331700/331701 to clarify whether consent is required or not. It is recommended
that you apply for a Lawful Development Certificate to fully determine whether any
planning permissions are required. If your property was or remains ex-council, then you
may find that there is a covenant restricting the use of the front garden to park a vehicle in
it. You will therefore need to speak with the Council’s Legal and Housing Department to
investigate this further. If you live in a Conservation Area, you will require permission from
the Council’s Conservation Officer, particularly if you intend to take down walls etc to the
front of your property. If there is a tree nearby or a tree is situated within the proposed
construction area of the vehicle crossing, then the Highways Team will liaise with the
Council’s Arboricultural Officers. If you have a parking bay outside your property (ie white
dotted lines), there will be a requirement to have the bay burnt off immediately outside
your property and re-marked away from your vehicular access. Please note that all costs
associated with this, including amending any Traffic Regulation Order that may be in
place for the parking bay, are to be borne by the applicant. You will be advised of the cost
of this following the inspection. If any of the incidences above apply to your application,
we will not progress your application further until any required consents or work are
applied for and subsequently carried out.
How long does it take for an application to go through?
Once we received your completed application form and providing no other permissions
are required, you should allow at least 30 working days for your application to be
processed and a quotation sent to you from Volker Highways. Once approved you will
have one year to complete the works, after which approval will lapse and you will need to
reapply.
Do I have enough space within the boundary of my property to park a vehicle?
You will need enough space to park a vehicle wholly within your property perpendicular (at
right angles) to the road. A minimum of 4.8m x 2.4m is required.
Can you refuse my application?
Yes, we could refuse your application if the crossing would not be in a safe place. This
might be on a junction, on the brow of a hill, at a bus stop, near a tree or where it would
be difficult to be seen. Trees will generally not be removed to accommodate the
installation of a vehicle crossing. Each site will need to be assessed individually by a Tree
Officer who will advise if construction can proceed without affecting the health and stability
of the tree. In some instances applicants may have to fund additional works such as
exposing roots in order that the Tree Officer can make a full assessment of the site. If the
tree is too close or its health and stability cannot be protected, applications may be
refused.
How much do dropped kerbs/vehicle crossovers cost?
This depends on the size of the crossing, whether utilities services or street furniture is
affected and which contractor you use. Contractors’ prices can range from £800 to
£2,500+. You will need to obtain quotations to find the most competitive.
Am I responsible for the pipes and cables buried underground?
Yes. As part of our initial checks, we will contact all of the utility companies to see what
apparatus they have buried under the pavement where you want to construct the vehicle
crossing. If any utility apparatus needs to be lowered or moved, you will be responsible
for these extra costs.
Who can carry out the work?
Medway Council has it’s own Small Works Contractor, Volker Highways who can provide
you with a quotation and undertake the works. Volker Highways undertake works for the
Council’s Highways Department. You can however employ a private contractor from our
approved list. Lists are supplied as part of the application process so if you choose to go
with one of these contractors, they will supply you with an application form (known as a
VC2).
How will I know if the work is satisfactory?
Once the work is completed we will do a visual inspection to make sure that it meets
relevant specifications. If a defect occurs within the 2 year maintenance period, then the
contractor is required to repair it.