News Home owners face fine over driveway parking
Pictured are Councillor Preston and Councillor Robinson with residents on Pinfold Street in Eastrington who have received a \'heavy handed\' letter regarding vehicular access to their properties.
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Residents in Howden and Eastrington were left reeling when the East Riding of Yorkshire Council told them to either stop using their drives or face a whopping fine.
They have now been forced to leave their vehicles on the road after receiving an 'intimidating' letter from the Streetscene department regarding 'unauthorised vehicle access' which said under the Highways Act 1980 they must stop using their drives until a satisfactory means of access to the kerb or verge has been constructed.
The properties on Pinfold Street in Eastrington and Derwent Crescent in Howden were originally built without dropped kerbs in the footpath fronting their homes so residents have been forced to mount the kerb in order to gain access to their drives and garages but have now being ordered to stop.
The shocked householders, some of whom have been accessing their homes this way for over 40 years, were further warned that failure to do so meant they would face a fine of up to £1,000.
Adam Stroud, who owns a property on Pinfold Street, said: "I think it is scandalous. The letter was very heavy handed and there was no warning or consultation over this matter.
"The Highways Act was issued 28-years-ago so why were the kerbs not dropped then if the act is so vital. Why should we have to pay to have this work done to council property i.e the path, just so we can cross it to get to our private land?"
The installation of dropped kerbs on the streets, which still homes some council owned properties, could cost an estimated £800 per property and now residents have been left angered that this issue was not brought to their attention when they purchased their properties.
"The letter has caused a huge amount of stress for everyone who has received it, where the hell do they expect people to find this amount of money? I have contacted MP David Davis on the matter and have received a letter which says he to thinks the letter is heavy handed and plans to take the issue up with the leader of the East Riding Council," said Mr Stroud.
A spokesperson for East Riding Council told the Goole Times: "It is illegal under the 1980 Highways Act to drive a vehicle over a kerbed footway or verge which has become an increasing problem leading to sustainable damage to highways and cost to council taxpayers services including electrical cables and water pipes which are put at risk as a consequence of this inadequate use of the highways.
"The legislation deals with the use of the highways including verges and footways, it does not relate to private land.
"The council regularly takes action relating to unlawful access from the public highways throughout East Riding.
"Eastrington and Howden are just two places where this problem has been brought to our attention recently. Homeowners are able to apply for a properly constructed drop kerb to provide vehicular access to property and many thousands of East Riding residents have followed this procedure.
"People may park their vehicle on public highways as long as there is no restriction in place. The solution to this problem is to apply for proper vehicular access."
Howden Ward Councillor Mark Preston, who has stepped in to help the residents, said that although East Riding Council is acting lawfully under section 184 of the 1980 Highways Act, it is not giving any due consideration to the congestion and traffic chaos that will result if residents are forced to park on already overcrowded and narrow streets, not mentioning the financial burden that residents will have to undertake in order to comply with the Act.
"The current policy of East Riding Council in threatening residents with fines of up to £1000, or the recovery of costs if they need to construct drop down kerbs to any household that does not comply with the regulations is heavy handed, and in light of the current economic pressures on many households, is ill timed to say the least," added Cllr Preston.
Pinfold Street resident Roy Poulter, who has lived on the street for 11 years, said of the councils approach to the issue: "The tone of the letter was very aggressive and intimidating. There are ways and means of doing things and the council should of consulted with residents more over this issue.
"Around 15 years ago residents on the street were sent a letter from the council offering the installation of dropped kerbs and we replied saying we would want them but this never got done."
Councillor Paul Robinson has also offered his support to the residents and agreed the tone of the letter was inappropriate: "I share the feelings of the residents of Eastrington and Howden when they say the letters are badly written and somewhat intimidating.
" I don't have a problem as such with the concept of householders paying for their own 'dropped kerb access', if it is their responsibility it is just unfortunate that residents were not given a notice period rather than the threat of a £1000 fine. In the present climate many people may not be able to find the £800 at one time to pay for this work. Obviously this is an internal matter for the Council of which I am a member, but I hope the sending out of such 'heavy handed' letters will not be repeated and lessons will be learnt."
Cllr Preston is also asking the East Riding to investigate claims by residents on Derwent Crescent who said that they were missed out when improvements were made on the estate around 18 years ago, when most houses being given appropriate vehicle access free of charge.
The improvements were meant to be carried out in three phases, but residents have claimed that phase three, which Derwent Crescent came under, was never completed and they were given no explanation and now residents are being told they will have to pay. Some householders have also said that the then Boothferry Council encouraged them to make parking access into garden areas to reduce traffic congestion on the narrow road.
Cllr Preston said: "The question that I would like East Riding to answer is why certain council properties have dropped kerbs and others on the same estate do not. Many residents say they were promised drop kerbs and many were encouraged to make parking spaces or driveways by Boothferry Council in an attempt to reduce street parking and traffic congestion a number of years ago.
"The current policy of enforcement adopted by East Riding needs to be urgently reviewed and consideration given to the current economic climate which is becoming an ever increasing financial burden to many households in the East Riding, ever increasing council tax, gas and electricity increases way above the inflation rate, not to mention the spiralling costs of motoring and the weekly shopping bills."
The short-term resolution of parking their vehicles on the road is causing problems within itself as traffic is becoming congested. In particular in the Pinfold Street area as farming vehicles such as combine harvesters are not able to get to their fields as the road was blocked by cars and as a result are allegedly mounting the kerbs which is causing more damage.
"If all the residents on Pinfold Street resort to parking their cars on the road, I'm sure the resulting traffic congestion in the area would be unacceptable. We have to remember that for an action there can sometimes be an equal or greater reaction that is not foreseen," said Cllr Robinson.
But Mr Stroud said some residents feel that in the face of a threat of a fine they have no choice but to park on the road: "People can not financially afford to have the work done or the cost of a fine so are forced to park their vehicle on the street. This is causing great road safety problems as children are crossing in between the parked cars and the council have obviously not studied the area, this is a farming village and Pinfold Street is regularly used by farmers as a route to get to the fields but with parked cars on the road they just cant get through.
"It is causing great problems and it is ridiculous."
Published on 4th September 2008 in News.
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