Before you start any driveway digging within your own ground or the public footway or verge, there are a number of checks that you, as a resident, are required to make.
We understand that there can be pressure on parking in the Borders and that some residents would like to convert part of their garden ground to a driveway. Most of the time this is possible, however we have to ensure that there is not an unacceptable loss in public parking or any adverse impact on pedestrian safety and traffic flow. What you plan to do with surface water run-off is also an important factor.
It is imperative that any works that will take place in the footway or verge are carried out by a contractor who has already been approved by us. These contractors will already have demonstrated that their staff are suitably trained, insured and safe.
The New Roads and Street Works Act 1991 states that any work to the road and footway may only be carried out if prior permission has been obtained. If you carry out works without permission you run the risk of being fined up to £5k under this act.
For a house on a minor public road, such as in most housing estates, Vehicular Access Consent is required from our Roads Planning Service to form or alter an access over a public footway or verge. From 1 April 2021, a fee of £202 is required to apply for Vehicular Access Consent. This fee is for processing the application and applies whether or not the application is successful. We will need to process your payment before considering the application. The fee can be paid over the phone using a debit or credit card, by phoning our Roads Planning Service on 01835 825597. There is a fee exemption where the access provision is for a disabled person.
In some instances, rather than apply for Vehicular Access Consent, a resident will need to apply for planning permission to have a driveway if:
- the property is on an A, B or C class road
- the property is part of a flatted development
- the property is within a conservation area
- the property is a listed building
- extensive engineering works are required in association with the driveway
- the driveway is to be of a non-porous surface and does not drain within your ground