Do I need planning permission for a driveway? It all depends on this one key factor, according to the experts

All too often homeowners forget to investigate whether they will need planning permission to add a new driveway, which can mean costly and time consuming alterations needing to be carried out unnecessarily.

While not all driveway ideas will require a planning application to be submitted, there will be instances where it is necessary for work to be carried out legally.

This guide explains exactly what kind of work you can carry out to your driveway without planning permission and when you might risk falling foul of the law if you don't apply.

Do I need planning permission for a driveway?

Whether you are creating a new driveway from scratch or updating an existing, but rather tired, driveway, the good news is that in a great many instances, planning permission won't be required.

'In many cases, no formal planning permission is required to create or replace a driveway at the front of a house – this usually falls under permitted development rights.' confirms professional planning consultant Simon Rix of Planix.UK Planning Consultants. 'However, there are some important caveats, especially relating to drainage and access.'

'In most cases, you don’t need planning permission to install or replace a driveway if you're using permeable materials such as gravel, porous asphalt, or permeable block paving,' adds Paula Higgins, chief executive at HomeOwners Alliance. 'These typically fall under your permitted development rights.'

Simon Rix

Simon Rix is a professional planning consultant, who began his career working in local government in the 1990s. He was a council officer and later an elected councillor, so he knows how the planning system works from both sides. He went on to set up Planix.UK Planning Consultants Ltd; a consultancy company that advises self builders, home extenders and those taking on small to medium-sized building projects on planning permission.

Paula Higgins

After spending 15 years reforming housing policy in government, enough was enough. Homeowners needed a voice and HomeOwners Alliance was born. Their Find a Structural Engineer tool is particularly useful.

Will my driveway fall under permitted development?

Before ploughing ahead with your driveway dream with no permission, be sure that it meets the criteria needed for it to fall under permitted development.

Simon Rix further explains the stipulations to be aware of. 'You can install, replace, or extend a driveway without a planning application if:

• The surface is made of permeable materials (like gravel, porous asphalt, or permeable block paving); or
• The surface is non-permeable (e.g., tarmac or concrete), but rainwater drains to a suitable area within your property, such as a garden border or soakaway.
• The driveway must be used for domestic purposes and not involve any significant engineering or change in land levels.

When might planning permission for a driveway be required?

Before you breathe too big a sigh of relief though, it is important to be certain that your particular driveway won't require permission – there will be instances when permitted development won't apply. Once again, this largely concerns the matter of drainage.

'There’s no set size limit for driveways under permitted development,' explains Paula Higgins. 'However, what really matters is how the surface deals with rainwater drainage. If your driveway is larger than 5 square metres and you’re using non-permeable materials such as concrete or tarmac, you’ll need to ensure that water drains to a permeable area like a lawn, flower bed or soakaway. If not, you’ll likely need planning permission. Always check with your local planning authority before getting started.'

There are a couple of other reasons why planning permission might be required too. 'If your property is a flat, maisonette, or listed building then permission might be needed,' picks up Simon Rix. 'Also, if you plan to install gates, walls, or fences over 1 metre high adjacent to the road or if the work involves significant changes to ground levels, permitted development might not apply.'

Do I need planning permission to make my driveway bigger?

Providing that by extending your driveway you won't be losing any of your permitted development rights, there will be no need for a planning application.

What this means is that if your plans take your driveway above 5 square metres, you will either need to be using permeable materials or, if not, design your front garden ideas in such a way that water can drain away to permeable area such as a flower bed or to a soakaway.

If you live in a listed building, you will also likely need to apply for listed building consent to expand a driveway.

Is planning permission needed to change driveway materials?

Once again, providing you either use permeable driveway materials or keep your driveway under 5 metres square, there should be no need to apply for planning permission to change your surface materials.

Even if you are changing to a non-permeable material, providing you incorporate some form of suitable drainage that means surface water can drain away effectively, there will usually be no need to submit a planning application.

As always, if in any doubt, seek advice from a professional planning consultant or give your local planning office a call.

Shop permeable driveway materials

Can I convert my front garden to a driveway without planning permission?

If your current front garden lawn ideas are in the way of where you would like your new driveway to be you may well be considering converting it into parking space.

'This is very common, but the same drainage rules apply – permeable surfacing or controlled water run-off is essential to avoid the need for planning,' explains Simon Rix.

'If you remove soft landscaping (such as lawns, planting or beds), you may need to check with the local council if there are conditions attached to previous permissions, especially in conservation areas.'

Will I need to create a dropped kerb?

If you are creating a new driveway, either because you have built a new house from scratch, are converting an existing front garden into somewhere to park, or are simply looking for ways to add kerb appeal to your home, you are going to need to think about how you will access it from the road. You can't just drive across the pavement to do this.

'Installing a driveway doesn’t automatically give you the right to drive across the pavement to access it,' picks up Paula Higgins. 'If you plan to do so, you’ll need a dropped kerb: a sloping, lowered section of pavement that provides vehicle access from the road.'

'You will need permission from the local council’s highways department to install or extend a dropped kerb – even if planning permission for the driveway itself isn’t required,' adds Simon Rix.

'It is illegal to drive over a pavement without a dropped kerb, even if you own the land beyond it,' continues Paula. 'In most areas, only the council or their approved contractors can carry out the work.'

'In some cases, this may trigger the need for a full planning application, particularly on classified roads or if visibility splays are poor,' further explains Simon Rix. 'Councils will assess issues like pedestrian safety, proximity to junctions, trees, lamp posts, and parking impact before granting consent.'

'There are costs involved, which typically include an application fee, an inspection by a highways engineer, and the construction work itself,' says Paula Higgins. 'Fees and processes vary between councils, so it’s best to check your local authority’s website for the most up-to-date information.

'Ignoring the rules can lead to enforcement action and potentially having to reinstate the pavement at your own expense.'

FAQs

Should I get a lawful development certificate for my driveway?

It isn't a requirement to obtain a lawful development certificate in order to create a new driveway, but it can be useful.

This is basically a certificate that you can apply for that proves the work you have done is legal, meaning you can crack on with your project feeling confident that you are not breaking any laws. It is also useful if you plan on selling your house at some point as it shows potential buyers that work was carried out lawfully at the time of construction.

Application fees are currently £103 in England, £85 in Wales, and £101 in Scotland.

Whether or not you need planning permission for your drive, you'll need to know the best time to get your driveway done in order to achieve the ideal results.