Breaking Ground Ltd
Newly completed permeable block paved front driveway at a detached house

Planning and rules

Do you need planning permission for a driveway?

The permeable surfacing rule, front garden hardstanding, and the cases where an application really is needed.

For most homeowners the answer is no, provided the surface deals with its own water. The rule is simpler than it is usually made to sound, and it has been in place since 2008.

Where it goes wrong is the detail: a sealed surface draining to the road, a dropped kerb assumed to be included, or a flat with no permitted development rights at all. This guide sets out where you stand before you commit to a design.

The rule in plain terms

You can lay any amount of hard surface in a front garden without planning permission if it is made of permeable material, or if surface water from it drains to a border, lawn or soakaway within your own boundary.

Planning permission is needed only where more than five square metres of new impermeable surfacing drains onto a road or pavement. That is the whole test for the surfacing itself.

Ways to comply without an application

  • Permeable block paving with grit filled joints and an open graded base
  • Resin bound gravel over a permeable sub base
  • Gravel, which is inherently permeable
  • A sealed surface falling to a channel drain and a correctly sized soakaway
  • A sealed surface falling to a planted border wide enough to take it

When you do need permission

  • Flats and maisonettes, which have no permitted development rights
  • Listed buildings, where listed building consent may also apply
  • Some conservation areas and properties under an Article 4 direction
  • New build homes where a planning condition restricts frontage changes
  • Any work that removes a wall or hedge subject to a condition or order

The dropped kerb is separate

Planning rules cover the surface. Crossing the pavement is a highways matter and needs a vehicle crossing application to Essex County Council or Suffolk County Council, with its own criteria on visibility, footway construction and depth of hardstanding behind the kerb. Approval of one does not imply the other.

How we handle it

We design frontages to comply as a matter of course, because a compliant drive is also a drive that keeps water away from your house. Where an application or a crossing licence is needed, we set out exactly what is required and work to the approved detail.

Services this relates to

Want the figure for your own property? Call 07770 880587 or email enquiries@breakinggroundltd.com and we will arrange a site visit.

Request a consultation

We take on new build contracts and substantial driveway and garden projects. Give us the detail and Matt will come back to you personally.

Prefer to talk? Call 07770 880587 or email enquiries@breakinggroundltd.com.

Questions we are asked

Frequently asked questions

Do I need planning permission to widen my driveway?+

Not if the new area is permeable or drains within your own boundary. Widening becomes a planning matter only when more than five square metres of impermeable surfacing sheds water onto the highway, or where your property has restricted rights.

Is resin bound gravel considered permeable?+

Resin bound gravel laid over an open graded permeable base is a permeable system and satisfies the rule. Resin bonded, where loose stone is scattered onto adhesive over a sealed base, is not, and the two are easily confused.

Can I pave over my whole front garden?+

In planning terms often yes, but we would usually advise against it. Retaining borders gives you somewhere for surface water, softens a wide frontage and keeps the house looking like a house rather than a car park.

What if my property is in a conservation area?+

Permitted development rights are frequently reduced, and an Article 4 direction can remove them entirely. It is worth a call to the local planning authority before design work starts, and we can point you at the right department.

Do you handle the applications for me?+

We prepare the technical detail, set out drainage and specification, and work with your local authority on vehicle crossing applications. Where a full planning application is required, we work alongside your architect or agent.

Breaking Ground. Building Trust.

Ready for a real figure rather than a range?

Tell us about the plot, the property and what you want the finished result to be. We will visit, survey and quote properly.

Ten year guarantee / 30 miles of Colchester / New builds and substantial projects