Driveways and Dropped Kerbs: Planning Permission Guide

Do you need planning permission for a new driveway or dropped kerb? A guide to the rules on front garden paving, permeable surfaces and council applications.

Creating a new driveway or paving over your front garden is one of the most common home improvement projects - but it is also one where the planning rules catch many homeowners by surprise. Since 2008, specific rules have applied to front garden hard surfaces to address flood risk from surface water runoff.

Do You Need Planning Permission for a Driveway?

It depends on the surface material and whether the area drains to a permeable surface:

No Planning Permission Needed If:

• The new or replacement driveway uses permeable (porous) materials - such as permeable block paving, gravel, porous asphalt, or reinforced grass
• The surface drains to a permeable area within your garden (for example, rainwater runs off the drive onto a lawn or planted bed, rather than onto the pavement or road)
• The area is less than 5 square metres

Planning Permission IS Needed If:

• You are paving over more than 5 square metres of front garden with an impermeable material (standard concrete, tarmac, non-porous block paving) AND the water drains onto the highway or public drain

This rule applies to front gardens only - paving in rear gardens does not require planning permission regardless of material (though building regulations may apply for areas adjoining the house).

Why These Rules Exist

The rules were introduced in October 2008 following concerns about urban flooding. Paving over front gardens with impermeable surfaces prevents rainwater from soaking into the ground, increasing surface water runoff into drains and watercourses. With climate change increasing the frequency of heavy rainfall events, this is a growing problem in UK cities and towns.

The Royal Horticultural Society estimates that one-third of front gardens in the UK have been paved over, contributing to flood risk and reducing urban green space, wildlife habitat, and air quality.

Permeable Surface Options

If you use permeable materials, you avoid the need for planning permission entirely. Options include:

Permeable Block Paving

Blocks with wider joints filled with fine gravel, allowing water to drain between them. Looks similar to standard block paving but with better drainage. Cost: £60–£100 per m² installed.

Gravel or Shingle

The simplest and cheapest permeable option. Loose gravel on a compacted sub-base drains freely. Cost: £25–£50 per m². Consider a gravel retention grid to prevent stones migrating onto the pavement.

Porous Asphalt or Resin-Bound Gravel

These look like conventional hard surfaces but have a porous structure that allows water to pass through. Resin-bound gravel gives a smooth, attractive finish. Cost: £50–£80 per m².

Grasscrete or Reinforced Grass

Concrete or plastic grid systems filled with grass or gravel. Provides a solid surface for vehicles while maintaining permeability and a green appearance. Cost: £40–£70 per m².

Soakaways and Drainage Solutions

If you prefer a traditional impermeable surface, you can still avoid planning permission by directing runoff to a soakaway, rain garden, or permeable area within your garden rather than onto the highway. A soakaway is an underground pit filled with rubble or plastic crates that stores rainwater and allows it to soak into the ground gradually.

Dropped Kerbs

A dropped kerb (also called a vehicle crossover) is the lowered section of pavement that allows you to drive a vehicle from the road onto your property. If you do not already have one, you will need to apply to your council for permission to create one.

How to Apply for a Dropped Kerb

1. Contact your council's highways department - not planning. Dropped kerbs are a highways matter, not a planning matter
2. Submit an application - most councils have an online form. You will need to provide details of the proposed crossover location, width, and materials
3. Council assessment - a highways officer will visit the site to check visibility, proximity to junctions, impact on street furniture (lamp posts, trees, utilities), and whether the road is classified
4. Decision - if approved, the council will either carry out the work themselves or license an approved contractor to do it

Dropped Kerb Costs

• Single vehicle width (approximately 3m): £800 – £1,500
• Double width (approximately 5m): £1,200 – £2,500
• Council inspection fee: typically £100 – £300

Costs vary significantly between councils and regions. The council may insist on carrying out the work using their own contractors, or they may allow you to use an approved private contractor.

When a Dropped Kerb May Be Refused

• The property is on a classified road (A-road, B-road) - safety concerns are heightened
• The crossover would be too close to a junction or pedestrian crossing
• There is a tree, lamp post, or utility cover in the way that cannot be relocated
• The proposed access would require removal of a protected tree
• There are visibility issues - drivers exiting the property could not see oncoming traffic or pedestrians
• The property is in a conservation area where the change would harm the streetscape

Important: Do Not Create a Crossover Without Permission

Driving a vehicle over a full-height kerb is both illegal (it damages the highway) and a safety risk. You can be fined for driving across a footway without a properly constructed crossover. The council can also require you to reinstate the kerb at your own expense.

Conservation Areas and Listed Buildings

If your property is in a conservation area, additional restrictions may apply to front garden alterations. Some councils have Article 4 Directions specifically controlling front garden surfacing, boundary wall removal, and crossover creation in conservation areas.

For listed buildings, any changes to the curtilage (including front garden surfacing and boundary alterations) may require listed building consent.

Tips for a Successful Driveway Project

1. Choose permeable materials - avoids planning permission and helps the environment
2. Apply for the dropped kerb early - council processing can take 4–12 weeks
3. Check for utilities - gas, water, electric, and telecoms cables often run under footways
4. Retain some planting - keeping trees, hedges, and planted areas improves drainage and appearance
5. Get quotes from approved contractors - for the crossover and driveway construction. Find a contractor near you

A new driveway is a practical improvement that adds convenience and value to your home. By choosing the right materials and following the correct procedures for the dropped kerb, you can complete the project smoothly and within the rules.