Vehicle Crossings Guidance Notes

Overview

Devon County Council (the Council), as the Highway Authority, regulates the provision of all dropped crossing facilities.

A vehicle crossing –

• is an area of lowered pavement and kerbs that is strengthened to take the weight of a vehicle and provides vehicle access across a footway and/or verge into a private driveway or parking space.

An access ramp –

• is an area of lowered pavement and kerbs that provides pedestrian/cycle access from a footway and/or verge to the carriageway. For further information see the DCC Access Ramp Guide.

The applicant is the contractor given a licence by the Council to undertake the work.

The Council has adopted requirements that must be met by the applicant and this guidance is intended to assist contractors and homeowners in understanding the requirements for vehicle crossings and when approval will be issued.

Vehicle crossing works are subject to a 2-year maintenance period before construction is considered complete. At the end of 2-year period, provided the works have passed the final construction check, the Council will take over responsibility of the crossing.

Legal Considerations

All vehicle crossings require approval issued by the Council under Section 184 of the Highways Act 1980. The Council will also issue a Section 171 licence (consent to make temporary excavation in highway) at the same time as a Section 184 licence.

Driving over the pavement or a verge may cause damage and is not permitted. Unauthorised vehicle crossings will be subject to the Council’s illegal crossing process and the homeowner will be liable for any associated costs as detailed in the Council’s fees and charges.

An area of footway or verge that is lowered remains public highway and should not be used for parking unless part of a wider highway scheme.

Public Sector Equality Duty

In considering any application, the Council will have due regard to the need to achieve the objectives set out under Section 149 of the Equality Act 2010, specifically their compliance with the duty imposed by Section 149(1) of the Act.

Space & Dimensions

Only one vehicle crossing per dwelling is permitted and an application may be rejected if reasonable access already exists.

Any off-street parking area accessed by a vehicle crossing must be able to accommodate a standard family sized vehicle. This reduces the risk of vehicles overhanging the adjacent public highway.

Therefore, the minimum off-road parking space must be:

• 2.7m wide by 5m long (6m if gates are to be used) if the front or back of the vehicle will be facing the road (echelon). 
• 3m wide by 6.5m long if the side of the vehicle will be facing the road (parallel) and the parking space is immediately adjacent to a wall or building. Otherwise, the minimum width is 2.4m wide. The parking space must not be wider than 3m due to the risk of the space being used for echelon parking with the consequence of the vehicles overhanging the highway.
• The off-street area for a vehicle crossing on an A or B road must be large enough for a standard vehicle to turn around.
  • The minimum dimensions can be found in Items Part One 4.5 & 4.6 (parking space) and 7.4 (turning) of Devon County Councils Highways in Residential and Commercial Estates Design Guide
• The off-street parking area can be larger (with the exception of a parallel parking space which cannot be wider than 3m) than the dimensions above subject to planning conditions.

It is recommended that the parking space dimensions are carefully considered by the applicant especially where the parking space also serves as pedestrian access.

The length (entrance width) of the dropped kerb for a new single off-street echelon space will be a minimum of 2.7m between the taper kerbs. The maximum length (entrance width) of the dropped kerb for a single off-street echelon space should not be more than 3.6m.

For new multiple off-street echelon spaces, the length (entrance width) of the dropped kerbs must match the minimum (2.7m) and maximum (3.6m) widths of the single echelon bay. All the off-street echelon bays must meet the minimum size requirements.

The length (entrance width) of a dropped kerb for a parallel parking space (if the side of your vehicle will be facing the road) will be a maximum of 10m.

DCC may occasionally approve larger maximum dropped kerb widths if this will not impact local parking provision.

The following dimensions are suggested:

Echelon Layouts

In the following layouts, all dimensions are taken from Devon County Councils Highways in Residential and Commercial Estates Design Guide

Echelon Layout 1

The driveway also serves as a pedestrian access. There is access to only one side of the car e.g. there is a wall on one side of the drive. There are gates or the possibility that gates could be provided.

Width 3.2 metres (minimum 2.7 metres). Length 6.0 metres (minimum 5 metres if there are no gates)

Echelon Layout 2

The driveway also serves as a pedestrian access, but in this situation there is access to both sides of the car. There are gates or the possibility that gates could be provided.

Width 3.2 metres (minimum 2.7 metres). Length 6.0 metres (minimum 5 metres if there are no gates)

Echelon Layout 3

The property has separate pedestrian access via a path. There is access to only one side of the car, e.g. there is a wall on one side of the driveway. There are gates or the possibility that gates could be provided.

Width 2.7 metres (minimum 2.7 metres). Length 6.0 metres (minimum 5 metres if there are no gates)

Parallel Layouts

The parking space must not be wider than 3m due to the risk of the space being used for echelon parking with the consequence of the vehicles overhanging the highway

Parallel Layout 1

The parking space is immediately adjacent to a wall or building. There are no gates, nor the possibility of gates being provided in the future.

Width 3 metres. Length 6.5 metres.

Parallel Layout 2

The parking space is not immediately adjacent to a wall or building. There are no gates, nor the possibility of gates being provided in the future.

Width 2.4 metres. Length 6.5 metres (maximum of 10 metres).

Location & Construction

• Planning permission must be sought (for example access on to an A, B, or C class road), and if necessary, granted before approval will be issued.

• The vehicle crossing must be constructed to an agreed standard for the type of users (vehicle/pedestrians etc) that will be using it.

• A vehicle crossing must not be constructed within 15 metres of a junction except on minor roads where a vehicle crossing must not be constructed within 10 metres of a junction.

• A vehicle crossing is likely to be refused if it interferes with bus stops, pedestrian crossings, crosses large verges or ornamental areas, removes mature trees or is in a lay-by unless separate approval has been obtained (advice will be provided upon receipt of the application).
  
• The location of street furniture, within 1 metre of the vehicle crossing, must be reviewed. The costs of any changes, such as relocation, must be funded and approved before a licence will be issued (advice will be provided upon receipt of the application).

• Any changes to existing parking & traffic restrictions will require a Traffic Regulation Order (TRO). Approval will depend upon the outcome of the public consultation which is required as part of the TRO process. The cost of a TRO is variable but can typically cost £3000 and take between 9 to 12 months to complete. The costs of any changes must be funded and implemented prior to permission being granted.

• If a new vehicle crossing requires the removal or relocation of a disabled bay, any costs associated with these works must be funded and implemented prior to the permission being granted. If the existing disabled bay is to be relocated and there is no suitable new location for the bay, the vehicle crossing will not be approved.

• Trees in the vicinity of the vehicle crossing must be considered. Where the Council approves the removal of a tree on the highway, full cost of its removal and any replanting requirements must be met as detailed in the policy.

• Where the construction of a vehicle crossing requires utility equipment to be relocated or amended, permission must be obtained from the utility company and be available upon request.

• The vehicle crossing must be built with clear delineation (kerb stones or similar) between the private driveway and adopted highway/footway.

• Design elements, such as slopes/gradients and excessive road cambers must be resolved between the contractor and homeowner and approved by the Council. Any such design must maintain a satisfactory surface for all footway users and ensure adequate drainage. (advice will be provided upon receipt of the application).

• The driveway and its drainage system must be adequate to prevent surface water entering the highway. For example, a permeable driveway surface. If drainage channels are to be used, they must connect to the property’s drainage system and not the highway.

• Any vehicle crossing which crosses a watercourse or pipe will need to be piped (or bridged) with the largest possible single pipe size, with multiple pipes being used if a single pipe is not achievable. The pipe remains the responsibility of the homeowner to maintain in perpetuity.

• If the driveway is to be constructed using loose material (i.e. gravel) then gravel traps must be incorporated into the design. Loose materials must not be allowed to transfer onto the highway.

• All driveway gates must open inwards or open completely within the private curtilage.

Visibility

Vehicles and pedestrians need to be clearly visible in both directions from the vehicle crossing; ensure that there are no high walls, hedges or other obstacles which would restrict visibility when the crossing is in use.

All land within specified visibility splays at accesses will need to be within existing highway limits or within the applicant’s control. Visibility sight lines enable drivers emerging from an access to see and be seen by drivers on the road. Unobstructed visibility is needed within the shaded area (X/Y) on the plan below to provide adequate warning and the required safe stopping distance.

Clear horizontal sightlines should take account of both what the driver can see and what pedestrians, especially children, can see. Sightlines need to be determined from an eye height of 1.05 metres – 2 metres to an object of 0.6 metres – 2 metres.

Requirements for X and Y dimensions shown in the diagram below are summarised as: “X” dimension (access road distance) = 2.4 metres – heavy duty accesses to provide the minimum necessary visibility. A driver who has stopped at an access will be able to see down the road without encroaching onto it. Alternatively, 2 metres for a single dwelling or small groups of up to five dwellings where a dropped crossing is used, for example a private drive

“Y” dimension (unclassified road distance). Visibility splays taken from Manual for Streets (MfS) are shown below:

For vertical visibility splays, a clear line of vision is required when looking left or right. From the boundary of the driveway, the driver must be able to have clear visibility between 0.6 metres and 2.4 metres above the ground (2.0 metres where 2.4 metres is not achievable).

Sight lines at junctions and new accesses should be designed in accordance with the guidance provided in the Manual for Streets (MfS). The require horizontal visibility when exiting an access will vary depending on the speed limit of the adjoining road.

The above diagram is a side view. When looking left or right from point A, a clear visibility zone must exist between a height of 0.6 metres and 2.0 metres above ground.

• 20mph speed limit the distance is 25 metres.
• 30mph speed limit the distance is 43 metres.
• 40mph speed limit the distance is 65 metres.
• 50mph speed limit the distance is 92 metres.
• 60mph speed limit the distance is 124 metres.

Construction checks

All applications are subject to three construction checks:

• First construction check – during the works [to identify any issues etc]
• Second construction check – 6 months after the works have been completed
• Final construction check – 2 years after the works have been completed

If it appears that there is a breach of the terms of the approval, during the first construction check, the Council may issue a fine and/or serve a notice detailing steps to remedy the breach/es within a specified timeframe. If there is failure to comply with the notice, the council will take the necessary action and will seek to recover the costs incurred, including interest. Costs will apply from the date the notice is received by the applicant.

If it appears that there is construction failure, work may be subject to a core sample test following construction, which will test for materials, depth and air-voids. In the event of a failure the applicant must reconstruct the crossing to the satisfaction of the Council and pay the Council the full cost of the core sample and any other associated costs as detailed in the Council’s fees and charges. If the applicant ceases trading the homeowner may be liable for any associated costs.

Following the 2-year construction check, and provided that the Council are satisfied, the construction would be considered complete, and the maintenance of the crossing will transfer to the Council

Insurance requirements

Applicants indemnify the Council against all actions, proceedings, claims, demands, and liabilities which may arise in consequence of the works and must provide evidence, upon request, of Public Liability Insurance in the sum of at least £5 million upon submission of an application.

CDM Regulations

For the purposes of the Construction (Design and Management) Regulations 2015 (CDM), the Council does not act as the designer. Responsibility for all design elements, including layout, levels, gradients, and materials, rests with the appointed contractor and/or the client (e.g. homeowner or developer). The Council’s role is limited to assessing proposals for compliance with relevant standards and ensuring that works do not adversely affect the public highway or its users.

General requirements

If you are a leaseholder, permission must be obtained from the freehold owner of the property.

You must show control of the land from your property to the public highway. Sometimes there may be a gap between the two which belong to others (ie common land, parish council, district council) written permission to cross this land will be required before approval.

All applications for vehicle crossings will be assessed for safety, by an appropriate Officer, using the Council’s Minor Scheme Safety Assessment (MSSA) process, a full road safety audit or through the planning process. Applications will be turned down if they do not meet the safety standards required in the MSSA process.

Existing vehicle crossings that are no longer required or moved as a result of a new development, or a movement of an access, must be removed at the expense of the developer/homeowner.

Fees & Charges

Please refer to our latest Fees and Charges published on the website

Application Process

Applicants must read this guidance and our terms and conditions in full before applying.

Applicants should ensure a full understanding of the requirements before proceeding with an application.  Applications that are received without the correct information, or do not reflect the guidance given, will be refused and an administration fee will apply.

No vehicle crossing is to be constructed until approval has been issued. Once approved, the vehicle crossing must be constructed by the construction date given on the licence, unless an extended period is applied for and approved.

Each application will be assessed for safety, feasibility, and the potential impact on local parking.

Vehicle crossing applications require 20 working days’ notice. A site visit will be undertaken as part of the assessment process.

• Applications must be made using the Council’s online form.  For accessibility arrangements please contact the Highway Services Team on 01392 385084.
• Fees must be paid at the point of application
• Applicants, by submitting an application, confirm the following:
  • Permission has been provided by the property owner to carry out the works
  • Planning permission has been sought, if required
  • That a minimum cover of £5 million public liability insurance is in place
  • That fully accredited, under the Street Works Qualification register, supervisor and operatives and in place.
  • That both the applicant, and the homeowner, have read and understood this guidance and our terms and conditions
• Applications will be considered by the Council, and the applicant will be notified of the Council’s decision via the applicant’s email address. Any additional application specific terms and conditions will be detailed in this notification.

Approvals are valid for a period of 12 months. If work is not undertaken within the validity period, a new application must be submitted.

The vehicle crossing must comply with the specific requirements outlined within this document, the standard terms and conditions and any other reasonable conditions as deemed necessary by the Council.

Right of Appeal

DCC reserves the right to refuse an application for a vehicle crossing if any of the assessment criteria have not been met or for safety, feasibility, and impact on local parking reasons. The DCC decision is final and there is no appeal process.

Contact Details

For all other enquiries, please contact our Highway Services Team on 01392 385084 or by email to highwayapps@devon.gov.uk. for further advice.