The regulations
In accordance with the Road (Scotland) Act 1984, Section 63, when vehicles are habitually driven over a footway or verge to gain access to premises adjacent to the public road, a satisfactory vehicular crossing must be formed.
Under Section 56 of the Act, Falkirk Council, as Roads Authority, may grant permission to persons wishing to carry out works within the road boundary to form an approved vehicular footway crossing.
Other requirements
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If you are a tenant you will require your Landlord’s permission to form a driveway (Local Authority, Housing Association, or private).
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If you are the owner of a former Council property you must obtain Feu Superior Consent (from Falkirk Council, Law and Administration Services, Municipal Buildings, Falkirk. Tel. No. 01324 506070).
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If the vehicular footway crossing is to be formed onto an A, B or Class III Road, then planning permission must be obtained (Falkirk Council, Development Services, Planning Section, Abbotsford House, David’s Loan, Falkirk. Tel. No. 01324 504850).
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Any structures, walls or fences may also require planning permission.
Roads conditions for vehicular crossings
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There shall be no obstruction over 1m in height above carriageway level within 2.5m of the carriageway edge along the frontage of your garden ground to the public road.
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There shall be no obstruction to visibility over 1m in height above carriageway level within the area indicated in green on the enclosed plan.
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The gradient of the access shall not exceed 1 in 10.
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The access shall be constructed at right angles to the public road.
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Any garage shall be erected at least 5.5m back from the heel of the footway.
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The hardstanding shall be of a sufficient length to ensure that the gates may open inwards when a vehicle is parked on the hardstanding.
Additional conditions applicable to standard vehicular crossings from classified roads. (A, B and Class III)
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Planning permission must be obtained
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A vehicle turning space must be provided and maintained within the site.
As each site is unique you may wish to consult a Roads Officer regarding feasibility and any relevant conditions which may apply. Any special conditions applied to the consent must be included in the final construction.
The applicant will be responsible for any defects, which arise within 1-year of completion, or any resultant public liability from the date works commence.
Specification
An extract from Falkirk Council’s Development Guidelines has been provided. This shows the normal geometric layout and construction specification.
Construction
It is recommended that you have the work done by a Contractor known to Falkirk Council, although this is not essential because there will be small businesses who can achieve quality work who are not known to the Council. You should ensure that your chosen Contractor is tendering in full knowledge of the specifications and conditions. For your own protection, you should advise your Contractor that you will not pay him until the work is approved by the Council. The actual number of Contractors you ask to tender for the work is a matter of your own discretion. Upon request, Falkirk Council can provide you with details of contractors interested in carrying out this type of work and Falkirk Council’s own Contract Services.
Application and consent
You are able to apply for a Minor Roadworks Consent either before or after you have selected a Contractor. Any consent issued is valid for 3 months. Please ensure that any conditions attached to the consent are applied on site and that your Contractor’s tender price includes for any condition which forms or affects any part of this work.
Supervision and inspection
Roads Officers must inspect the works while in progress and carry out a final inspection of the completed works. Subject to a satisfactory completion in compliance with the Specification a Certificate of Completion will be issued and the 1 year period of maintenance (guarantee) will commence.
It is a requirement and is also in the best interest of the Minor Roadworks Consent holder to inform Strategic Services Roads Officer for the area 24-hour before the work is due to commence and provide updated information during each phase.
Further information
Should you have any further questions please contact us and we will put you in touch with the officer responsible for your area.