Most new driveways in England do not need planning permission, but the rules turn on one thing many people do not expect: where the rainwater goes. Here is how the rules work, which surfaces avoid planning permission altogether, and why the dropped kerb is a separate step.

What is the 5m² rule for driveways?

Any sizeof permeable driveway needs no planning permission
5m²is the most non-permeable surface you can lay in a front garden without permission, if it drains to the road
Separateapplication to the council for a dropped kerb

If you want to cover more than 5m² of your front garden with a traditional, non-permeable surface (such as standard concrete or tarmac) and the water would run off onto the road or into a drain, you need planning permission. If the surface is permeable, or the water is directed to a lawn or border to soak away naturally, you do not, whatever the size.

Which driveways need planning permission Three cross-sections. A permeable driveway lets rain soak through and needs no permission. A non-permeable driveway that drains to a lawn needs no permission. A non-permeable driveway over 5 square metres that drains to the road needs planning permission. Permeable surface No permission needed Drains to a lawn or border No permission needed Road Over 5m², drains to road Planning permission
The rule depends on where rainwater ends up, not on the material alone. Applies to front gardens of houses in England.

Which driveway surfaces count as permeable?

Permeable: no permission needed

  • Gravel
  • Permeable block paving, laid on a free-draining base
  • Porous asphalt
  • Any surface that drains to a lawn or border

Non-permeable: permission over 5m²

  • Standard concrete
  • Standard tarmac
  • Block paving or slabs laid on a sealed base
  • …when the water runs to the road or a drain
The base matters as much as the top"Permeable" block paving only works if the layers underneath let water through. Laid on a sealed concrete base, the same blocks behave like a non-permeable surface. Ask your contractor how the base will drain.

Do I need permission to drop the kerb?

Yes. If you need to drive over a pavement or verge to reach your driveway, you need a dropped kerb (a vehicle crossing), and it is illegal to drive over the pavement without one. A dropped kerb is a separate application to your local authority, not part of the driveway's planning rules. The work involves lowering and strengthening the kerb and footway.

  1. Check with your council firstApply through your council's dropped kerb process. In most of Gloucestershire this is Gloucestershire County Council, as the highway authority. Apply before you build the driveway, so the two line up.
  2. Get approvalThe council assesses whether a crossing is safe and suitable at your address, and tells you its requirements.
  3. Have the crossing builtFollow the council's rules on who may carry out work on the public highway.
  4. Build the drivewayWith the crossing approved, the driveway can be built to meet it at the right level.
Don't build first and apply laterA driveway with no approved dropped kerb cannot legally be used for parking from the road, however good it looks.

Do the driveway rules apply to every property?

No. These permitted development rights apply to houses. They do not apply to flats, maisonettes or converted houses, and they can be removed in some areas by an Article 4 direction or by a condition on an earlier planning permission. If any of those apply, check with your council before starting.

How do you build a driveway that drains properly?

Most driveway problems, such as puddles, sinking and cracking, start below the surface. We build every driveway the same way:

  • Excavate to the right depth for the surface and the ground.
  • Lay and compact a proper sub-base, free-draining where the surface is permeable.
  • Plan the falls and drainage so water goes to a soakaway, a border or a drain, never towards the house.
  • Edge and kerb the surface so it holds its shape.

Where we started: driveways and patios are where our company began. Because we are groundworkers first, every surface we lay sits on properly prepared, properly drained ground.