Do I need planning permission for a driveway?

The five square metre rule, what counts as permeable, and the separate dropped kerb permission that catches people out.

Difficulty: beginner
Time: 20 min
Read: 3 min
Safety: caution

Short answer

In England, laying more than five square metres of impermeable surface between the front of the house and the road needs planning permission, unless the water drains to a permeable area within your own property. A dropped kerb always needs highway authority approval, separately.

The rule exists because run-off from paved front gardens overwhelmed drainage systems and contributed to flooding. It is easy to comply with and easy to breach accidentally, and the dropped kerb is a completely separate permission that people routinely forget.

Safety

This is a general summary of the rules in England and not legal advice; Scotland, Wales and Northern Ireland differ. Any work that alters a pavement crossing or a kerb requires separate approval from the highway authority, and doing it without permission is an offence. Check with your local authority before starting.

Step by step

Check whether the area is in front of the house.The rule applies to land between the principal elevation and a highway, which in practice means the front garden. Rear and side areas not fronting a highway are not caught by it.
Measure the area you are surfacing.Under five square metres of new impermeable surface is permitted development regardless. Above that, the permeability rules apply.
Decide whether the surface is permeable.Gravel, permeable block paving with an open-graded sub-base, porous asphalt and reinforced grass all count as permeable. Standard block paving on sand, concrete, tarmac and mortar-bedded slabs do not.
Or drain the run-off to a permeable area.An impermeable drive is still permitted development if the surface water discharges to a lawn, a border or a soakaway within your property. It must not discharge to the highway.
Check for designations and conditions.Conservation areas, listed buildings and estates with permitted development rights removed by condition all change the answer. Check the original planning decision for the property.
Apply separately for a dropped kerb.Crossing a footway to reach a drive requires a vehicle crossover approved by the highway authority — usually the county or unitary council. This is a separate application from planning, and the work is normally done by an approved contractor at your cost.
Check the visibility and access requirements.Highway authorities set minimum visibility splays, drive lengths and gradients. A drive that cannot accommodate a car clear of the footway is usually refused.
Keep the paperwork.Approvals for the crossover and, where relevant, a Lawful Development Certificate for the drive itself. Buyers' solicitors ask for both.

Tips

Permeable block paving costs a little more than standard and removes the planning question entirely. On a new drive it is usually the easiest answer.
A soakaway serving a drive has to be sized for the area and set well away from the house — usually at least 5m from a building.
Doing a dropped kerb without approval can lead to enforcement and the cost of reinstating the footway. It is not a risk worth taking.

Common mistakes

Assuming block paving is permeable — Standard block paving on a sand laying course over a compacted Type 1 sub-base sheds water like any hard surface. Permeable systems use open-graded aggregate and wider joints filled with grit, and are a different specification throughout.
Treating the dropped kerb as part of the drive job — It is a highway matter, needs a separate application, and is refused surprisingly often on visibility grounds. Get it agreed before spending anything on the drive.

If it doesn't work

Existing impermeable drive draining to the road

Cause: Laid before the rules, or laid without permission — Fix: Retrofitting a channel drain into a soakaway or a permeable strip within the property brings it into line, and is far cheaper than relaying.

Application for a dropped kerb refused

Cause: Insufficient visibility, drive length or a protected verge or tree — Fix: The refusal will state the reason. Sometimes a redesigned drive layout resolves it; sometimes it is simply not possible at that location.

Water from the drive flooding the garage

Cause: Fall towards the building — Fix: A channel drain across the threshold discharging to a soakaway. Falls should always run away from buildings.

Questions people ask

How much of a front garden can I pave without permission?

Up to five square metres of impermeable surface. Beyond that it must either be a permeable surface or drain to a permeable area within your property, otherwise planning permission is needed.

Do I need permission to widen an existing drive?

The same rules apply to the new area. Widening also frequently means widening the dropped kerb, which needs separate highway authority approval regardless of the surface.