DO YOU NEED PLANNING PERMISSION FOR A NEW DRIVEWAY?
Most new driveways do not need planning permission, but some do, and almost every new drive across a pavement needs a dropped kerb, which is a separate permission from the council.
This is a plain-English guide for homes in England. It is general guidance, not legal advice, so check anything specific to your property with your council.
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THE SHORT ANSWER
You usually do not need planning permission for a new driveway if it is permeable, or if the rain from it drains onto a lawn, border or soakaway on your own property.
You usually do need planning permission if you are covering more than five square metres of a front garden with a surface that sends the water onto the road or into the drains.
THE FIVE SQUARE METRE RULE
Since 2008, paving over a front garden in England has been covered by rules designed to stop rainwater running off driveways into the street and the drains.
- Up to five square metres: no planning permission needed, whatever the surface.
- Over five square metres with a permeable surface, such as resin bound, permeable block paving or gravel: no planning permission needed.
- Over five square metres with a surface that does not let water through: no planning permission needed if the water drains to a lawn, border or soakaway within your boundary. Otherwise, permission is needed.
This is why we plan the drainage on the site visit, and why resin bound and permeable blocks are popular for front gardens.
DROPPED KERBS ARE A SEPARATE PERMISSION
If you need to drive across the pavement to reach the new drive, you need the kerb lowered, often called a vehicle crossing. It is illegal to drive over a kerb that has not been dropped, and the drive alone does not give you the right to cross the pavement.
Applications go to the highway authority, which usually charges a fee and may use its own approved contractors for the work. It can refuse or move a crossing because of things like lamp posts, street trees, junctions or poor visibility, so it is worth applying early, before the drive is booked.
WHO HANDLES DROPPED KERBS NEAR YOU
| Where you live | Dropped kerbs | Planning |
|---|---|---|
| Wolverhampton, Bilston, Tettenhall, Penn, Wednesfield | City of Wolverhampton Council | City of Wolverhampton Council |
| Walsall, Willenhall | Walsall Council | Walsall Council |
| Dudley, Sedgley, Stourbridge, Kingswinford | Dudley Council | Dudley Council |
| West Bromwich | Sandwell Council | Sandwell Council |
| Cannock | Staffordshire County Council | Cannock Chase District Council |
| Codsall, Wombourne | Staffordshire County Council | South Staffordshire Council |
WHEN YOU MAY NEED PLANNING PERMISSION ANYWAY
- Your home is a listed building.
- You live in a conservation area, or an area where the council has removed some permitted development rights (an Article 4 direction).
- You live in a flat or maisonette, which do not have the same permitted development rights as houses.
- You need a brand new access onto a classified road, such as an A or B road.
If any of these apply, speak to your council's planning team before you commit.
GATES, WALLS AND FENCES
Front walls, fences and gates are generally allowed without planning permission up to one metre high next to a road used by vehicles, and up to two metres elsewhere, unless the property is listed or the rules have been restricted locally.
HOW WE HANDLE IT
On the free site visit we measure the front garden, look at where the water will go and check whether the kerb is already dropped. We then plan the drive to meet the five square metre rule, and tell you which council to apply to for a dropped kerb if you need one, so the drive and the kerb line up.
If you are deciding between finishes, our resin bound versus block paving guide explains how each one drains.
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