Do You Need Planning Permission for a Driveway?

In the UK, you usually don’t need planning permission to create or replace a driveway, but there are some key conditions that can change that. The main concern is surface drainage. If the surface you’re using isn’t permeable — like traditional concrete or tarmac — and rainwater can't soak into the ground, you may need planning permission, especially for front gardens.

If you're using a permeable surface, such as gravel, porous asphalt, or permeable block paving, planning permission generally isn't required. The rules are mainly designed to reduce the risk of flooding from excessive surface water runoff, particularly in urban areas.

Planning permission is formal approval from your local council to carry out building or development work. It's there to ensure that changes to properties are safe, appropriate, and in line with local planning policies.

For driveways, the concern isn’t just about how it looks — it’s about how it functions, especially when it affects drainage, the local environment, or the street layout. Planning permission can also apply if you're altering access to a public road or pavement.

If you’re laying a new driveway and it covers more than 5 square metres, the rules vary based on the materials you use.

You don’t need planning permission if:

• The driveway uses permeable materials that let water drain through (like gravel or porous asphalt), or

• It’s designed to drain into a sustainable drainage system (such as a lawn or border).

You do need planning permission if:

• You’re using non-permeable materials like concrete or block paving without any drainage system, and

• The driveway is in your front garden and exceeds 5m².

It’s not about stopping people from building driveways — it’s about managing flood risks and maintaining safe access to properties.

Front garden driveways are where most of the planning issues come up. If you're paving over your front garden, and it opens directly onto a public highway, it’s subject to stricter rules.

You must also check whether you need dropped kerb permission from your local highways authority. It’s illegal to drive over a footpath or kerb to access your driveway unless you have an authorised dropped kerb. This is a completely separate application from planning permission, and it often has its own process and fees.

Failing to get a dropped kerb approved can lead to fines and being ordered to stop using the driveway, even if the surface itself is compliant.

If your driveway is at the side or rear of your property and doesn't connect to a public road, planning permission is less likely to be an issue — even with non-permeable materials. However, you still need to think about water drainage and whether the changes affect access rights or shared spaces.

If your property is in a conservation area, National Park, or if it’s listed, any external changes — including driveways — might still require permission, regardless of size or material.

In some cases, councils apply Article 4 Directions, which restrict permitted development rights. That means even small alterations could require full approval, so it’s always worth checking first.

If your proposed driveway needs permission, you’ll need to apply through your local planning authority, often via the Planning Portal. You’ll need:

• A site plan showing the driveway layout and dimensions

• Details of the materials and drainage system

• Information on access points, especially if altering a kerb

The process can take around 8 weeks. If your driveway is straightforward and meets drainage requirements, approval is usually granted without issue. But if your plan impacts traffic, public access, or protected land, you may be asked to make changes or provide more information.

If you also need a dropped kerb, apply separately through your local Highways Department. That process often includes an inspection, cost estimate, and a list of approved contractors.

Planning permission for a driveway might seem like a technicality, but it can cause real issues if ignored. One of the biggest misconceptions is that as long as you're working on your own property, you're free to do what you like. That’s not the case — especially with front gardens. Councils are strict when it comes to how surface water is handled, how public pavements are crossed, and how developments affect the look of the street.

If you pave over your front garden with an impermeable material like standard tarmac or concrete, and don't provide a drainage solution, your council could reject the job or force you to apply retroactively. In some cases, you might even be told to dig it up. The reason is simple: non-permeable driveways create surface runoff, which can overwhelm drains and contribute to flooding.

The 5 square metre rule often confuses people. It’s not a size limit on your whole driveway — it only kicks in if you’re using impermeable materials. If the total paved area is over 5m² and there’s no provision for water to drain naturally or soak into the ground, planning permission is required. For smaller areas or permeable options like gravel or specially designed block paving, you’re usually safe without permission.

There’s also a separate but critical issue around access to the road. You can’t legally drive over a kerb to access your driveway unless it's been dropped with official permission. This is not just a formality — it’s a legal requirement. Councils take this seriously because of the risk to pedestrians and the structural integrity of pavements. If you install a driveway without a dropped kerb, you can be fined and forced to stop using it altogether.

If you live in a new-build estate, things get even trickier. Developers sometimes put covenants in place that restrict what you can do to front gardens, driveways, or access points. These aren’t planning laws, but they’re still legally binding. Violating them can lead to legal disputes or issues when selling the property later on.

And finally, some councils have design standards for driveways in certain areas — especially in conservation zones. That can include rules about the colour and type of paving, the use of hedges or borders, and even the slope of the driveway. What seems like a simple home upgrade can quickly turn into a planning headache if the visual impact is seen as negative.

Bottom line: while you can often build or replace a driveway without planning permission, the drainage, location, and access rules are non-negotiable. Always check with your local authority before starting the work. It’s cheaper and easier than fixing a problem after the fact.