Do I Need Planning Permission for a Driveway or Dropped Kerb?

Before you replace a front garden with a new driveway, it is worth knowing the planning rules. The good news is that most homeowners in England do not need planning permission, as long as the driveway is built the right way. Here is how it works.

Before and after: cracked slabs replaced with herringbone block paving
Before and after: old slabs replaced with herringbone block paving.

The 5 square metre rule

In England, you do not normally need planning permission for a new or replacement driveway in a front garden if it uses a permeable surface, or if rainwater from a non-permeable surface drains onto a lawn or border within your property. If you want to lay a non-permeable surface that drains onto the road or pavement and it covers more than 5 square metres, you will usually need planning permission.

What counts as permeable?

  • Resin-bound surfaces, which let water pass through
  • Permeable block paving with the right joints and sub-base
  • Gravel laid on a suitable base
  • Standard paving or tarmac can also be fine if it is laid to fall towards a lawn, border or soakaway on your land
Herringbone driveway with a red border wrapping round the porch
Herringbone driveway with a red border wrapping round the porch
Charcoal herringbone driveway with a red border
Charcoal herringbone driveway with a red border

Dropped kerbs

If cars need to cross the pavement to reach your new driveway, you will need a dropped kerb (also called a vehicle crossover). This is separate from planning permission. You apply to your local council, and the kerb work is usually carried out or approved by them. Planning permission can also be needed for the dropped kerb itself if your house is on a classified road, such as an A or B road.

Good to know

Driving over a pavement without a dropped kerb is not allowed, so sort the kerb application before or alongside your driveway work.

When the rules are different

Extra rules can apply if your home is a listed building, in a conservation area, a flat or maisonette, or if permitted development rights have been removed. In those cases it is best to check with your local planning team before starting.

Common questions

Do I need permission for a back garden patio?

Hard surfaces in back gardens do not usually need planning permission, but the same sensible drainage rules apply.

Is this advice the same in Scotland and Wales?

This guide covers England. Scotland and Wales have their own rules, so check locally if your home is there.

Can you advise on my driveway?

Yes. On our free visit we look at your levels and drainage and recommend a surface that keeps things simple.

Planning a new driveway?

We design driveways that drain properly and look great, and we will talk you through the rules on a free visit.

Get a free quoteSee our driveways
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Resin Driveway Pros and Cons: How Long Does It Last?