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Why was my dropped kerb refused, and can I appeal?

The main reasons West Midlands councils refuse a dropped kerb, the depth each one needs, and which councils will review a refusal.

Updated 1 November 2026

A kerb and road gully on a residential street

Councils refuse dropped kerbs mainly because the front garden is too shallow for a parked car, a healthy street tree or lamp post is in the way, or the crossing is too close to a junction, bend, traffic lights or bus stop. Birmingham gives no right of appeal, but most other West Midlands councils will review a refusal.

Under section 184 of the Highways Act 1980, the council can approve a request, approve it with changes, propose different works or reject it, weighing up damage to the footway, safe access and the flow of traffic. The application fee is non-refundable at most councils, including Birmingham, Dudley, Sandwell, Walsall, Wolverhampton, Solihull and Staffordshire, so check the criteria first.

Is my front garden deep enough for a dropped kerb?

Every council wants a parked car to sit fully inside your boundary, at right angles to the road, with no part of it over the pavement.

CouncilMinimum parking space
Birmingham4.75m deep; 2.75m wide for one car, 4.5m for two
Dudley4.8m deep by 2.4m wide; 3.8m absolute minimum with a legal agreement on vehicle size
Sandwell4.2m deep, back of footpath to building line, by 2.75m wide
Walsall4.8m from the front of the house to the boundary, by 2.8m wide
Wolverhampton5.5m deep with a 2.7m opening, or 2.5m deep with a 6m opening for parallel parking
Solihull5.5m deep with a 2.7m opening
Coventry4.0m deep by 2.4m wide; 5.0m in front of a garage
Staffordshire (Lichfield, Tamworth)6m preferred, 4.8m absolute minimum

Measure at right angles from the back of the pavement to the house; how to measure your driveway shows how.

Parking side-on to the road is rarely accepted. Dudley will not accept parallel bays, Staffordshire says lateral parking is not acceptable and Sandwell says it is likely to be refused. Wolverhampton is the exception, with its 6m-wide option.

Will a tree, lamp post or bus stop stop me getting one?

Street trees are the hardest obstacle:

  • Walsall will not build within 1m of a tree, and Wolverhampton generally wants a gap of four times the trunk's circumference.
  • Solihull will not allow a healthy tree to be removed, and Coventry presumes refusal where a crossing conflicts with a street tree.
  • In Dudley and Sandwell a sound, healthy tree is likely to mean refusal. If removal is agreed exceptionally, the council consults for 28 days, any objection stops it, and you pay for removal and a replacement.
  • Birmingham's tree assessment can take six weeks or more.

Lamp posts, signs and utility cabinets can sometimes be moved at your cost. Solihull quotes a minimum of £2,000 to move a lamp column and £200 for a street name plate. Utility boxes are moved by the utility, which charges separately.

Bus stops usually mean refusal. Staffordshire may move a stop only if there is a suitable new spot within 50m, and Walsall refers bus stop moves to Transport for West Midlands.

Is my house too close to a junction or bend?

Councils refuse crossings where reversing in or out would be dangerous:

  • Staffordshire generally refuses within 15m of a junction or traffic signals, and drivers must be able to see 70m along a 30mph road from 2m back.
  • Wolverhampton treats anything closer than 10m to a junction as a serious hazard (15m on a major road). Its Road Safety Team can carry out a £100 audit, and that verdict is final.
  • Walsall and Sandwell refuse at junctions, on bends and near traffic signals or pedestrian crossings.
  • Birmingham and Coventry add roundabouts, pedestrian crossing zig-zags, queuing traffic at signals and fast roads.

Coventry and Wolverhampton also want a 2m by 2m pedestrian visibility splay, and Wolverhampton refuses where high walls or fencing block the view.

What are the other common reasons?

  • A classified road without planning permission. On an A, B or C road you need planning permission before the highway application can go ahead. See do I need planning permission for a driveway?
  • A parking bay or lay-by in front. Solihull and Staffordshire refuse crossings off designated parking.
  • A second crossing. Most councils allow one per property; Birmingham and Coventry consider a second only on a frontage of at least 12m.
  • Too wide. Walsall's maximum is 6.3m including tapers, Solihull's 3.6m for a single crossing, and Staffordshire will never cover the whole frontage.
  • A steep slope between garden and road (Sandwell, Wolverhampton), or lost on-street parking (Coventry, Dudley).

Can I appeal a dropped kerb refusal?

There is no national appeal for a highways refusal. Each council sets its own route:

CouncilWhat happens if you are refused
BirminghamNo right of appeal; the application fee is not refunded
SolihullWritten request for review to the Head of Service, explaining why the criteria were not applied correctly; reply aimed within four weeks
SandwellPhone the dropped kerb team to log an appeal
WolverhamptonWrite to the Head of Network Management; a junction safety audit decision is final
WalsallWill reconsider if you give further information to justify the application
CoventryHandled under the council's corporate complaints policy
DudleyEach case is considered on its merits; ask the Highways team through Dudley Council Plus
StaffordshireThe refusal letter gives the reasons; ask the council what would change the decision

A planning refusal is different: you can appeal it to the Planning Inspectorate through gov.uk. Planning permission does not in itself give highway consent, which is a separate decision.

Can the council approve a kerb and then change its mind?

It can, because the first decision is often provisional. Birmingham may "provisionally approve" an application, and Solihull's final approval depends on the site survey; Solihull will contact you before building if it modifies a crossing for safety reasons.

Approvals also expire: Birmingham's and Wolverhampton's after 12 months, Solihull's after six months and Staffordshire's after three years. Sandwell's quotation lasts six months, after which you must apply again.

How can I improve my chances?

  1. Read your council's criteria first and measure your garden properly. The dropped kerb checker sets out each council's rules.
  2. Ask about changes. Councils can approve with modifications, such as moving the crossing away from a tree or junction. Wolverhampton may suggest removing a boundary wall or cutting back a hedge.
  3. Get permissions in order. Planning permission on a classified road, and your landlord's written consent if you rent.
  4. Time the driveway right. Sandwell and Wolverhampton advise against building the drive until you have approval, and Dudley, Sandwell, Walsall and Solihull will not build the crossing until the drive is in place.

The build typically costs £1,200–£2,500 plus the council's fees; see the dropped kerb cost guide, dropped kerbs and how to get a dropped kerb.

Questions

Will a smaller car help me get a dropped kerb approved?

Usually not. Birmingham and Walsall say they cannot relax their minimum sizes because the car or the people living there may change later. Dudley is the exception: it may approve a frontage between 3.8m and 4.8m deep if you sign a legal agreement limiting the size of vehicle, which is recorded with local land charges and binds future owners.

My neighbours have dropped kerbs. Why was mine refused?

Neighbouring crossings may have been approved under an earlier policy, or for a property with different measurements. Solihull says plainly that it will refuse a crossing that is too narrow, too shallow or off a parking bay even if other houses in the road already have one.

Can I reapply after a refusal?

Yes, but a new application normally means a new fee, so it is worth doing only if something has changed, such as more depth, a different crossing position or planning permission granted. Walsall says it will reconsider when given further information.

Can I still pave my front garden if the kerb is refused?

Yes, subject to the front-garden drainage rule, but you cannot drive across the pavement to park on it. Walsall's guidance, for example, says driving over a footway without a properly built crossing is illegal. The Highway Code (rule 145) says you must not drive over a pavement except to gain lawful access to property. See the 5m² rule.

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