Pensioner, 85, faces legal action over driveway on council-owned verge
Pensioner faces legal action over driveway on council land

An 85-year-old pensioner from Rochford, Essex, says he is facing legal action after paving a grass verge outside his home to create a driveway. David Siggins, who has chronic obstructive pulmonary disease (COPD) and relies on two crutches, spent £2,200 on the 3m by 5m driveway, which he says was approved by Rochford Council two years ago. Earlier this month, he was told the land belongs to the authority and must be restored.

Permission and dispute history

Mr Siggins, a former tiler who has lived in the property for 42 years, said he sought permission before carrying out the work. He claims that in 2024, he contacted Essex County Council about the verge and was told the land was not under its control. He also spoke to a planning officer at Rochford Council, who advised him to contact Essex Highways. They told him it was not their responsibility. He said he then went back to Rochford Council and was told they definitely did not own the land, so he should go ahead. He added, “I have it in writing it was confirmed we could do it.”

However, a subsequent planning application was refused and an appeal dismissed, both of which Mr Siggins said he had no knowledge of. The dispute dates back twenty years, when he was given permission by Essex Highways for a drop curb. Three months after completion, he said Rochford Council asked for the curb to be reinstated, and he was paid for the inconvenience.

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Stress and community support

Mr Siggins said the situation has become increasingly stressful, especially with a deadline at the end of August to remove the driveway. He said, “This has made me quite ill. I'm quite close to a breakdown. I cannot walk, that's the problem. I use two crutches. It just seems so unfair. It looks nice - it certainly looks better than the grass. Two years ago I was told they didn't own the land so I could do what I wanted with it. I did try.”

He noted that his close has 13 houses and 31 vehicles, and residents are relieved he has the driveway because it frees up space on the road. He has not received any complaints and has involved a solicitor. He also mentioned that he and his stepson have maintained the grass verge over the years, but council workers have only recently started cutting it regularly since the dispute began.

Council response

Rochford Council said the issue centres on ownership of the land and its status as public open space. A council spokesman said: “The resident removed a grass verge owned by Rochford District Council to install a block-paved driveway. The council has received a number of complaints. The grass verge forms part of a larger title that is subject to restrictions due to its designation as public open space. A planning application for the work that was previously submitted by the resident had been refused and an appeal dismissed.”

The authority has given Mr Siggins until the end of August to consider how he wishes to proceed.

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