Planning permission to turn your front garden into a driveway
Subject to the limitations contained below, you can usually replace or install a new hard surface in front of an existing house without planning permission if the area is less than 5 square metres.
Reasons you will need planning permission
Larger driveways
If you want a driveway larger than 5 metres square, you can still avoid the need for planning permission by laying a permeable (or porous) surface, such as:
- permeable concrete block paving
- porous asphalt - as long as the rainwater is directed to a soakaway, nearby lawn or flower border to drain naturally
Classified road
If your property is on a classified road, you will require planning permission.
Grassed area
If your property has a grassed area to the front, you will need planning permission to change the use of the grass to hardstanding/vehicular crossover.
Vehicle crossover (dropped kerbs)
If you are converting some or all of a front garden into a driveway, then you will probably need to drive over a pavement to get to it from the road. In this case, you will require permission for a vehicular crossover (dropped kerb) from the local authority.
See the terms and conditions for a dropped kerb
Do remember, though, that what you think, or want, the principal elevation of your house to be, may be different to the principal elevation permitted. Get advice from a planning consultant on this and consult the terms and conditions for dropped kerbs, especially if:
- you live on a bend
- the orientation of your house in relation to the road is not standard
Cases where planning permission is required
You will require planning permission to make a driveway on you front garden if:
- you live in a flat or maisonette
- your crossover is to be installed on a classified road
- your home was converted from, for example:
- launderettes
- betting offices
- payday loan shops
- hot food takeaways
- other commercial, business and service offices
- storage or distribution centres
- amusement arcades
- casinos
- agricultural buildings
- premises in light industrial use
- your property is in a conservation area and/or is a listed building
- any planning permission on the site specifically removed the Permitted Development rights to do so is a condition of the consent
- the works involve engineering operations (see below)
- there is a grassed area between your parking space and the highway
Grassed amenity areas
Grass verges/areas enhance the visual appearance of an area, creating a green buffer between built form and promoting biodiversity. This offers a more pleasant environment for local residents. They also help to manage rainwater and improve air quality by absorbing pollutants.
Further erosion of existing green verges and soft green open spaces that extend between the existing driveways is being resisted as they result in a harsh urban environment that detracts from the visual amenities within the area.
Engineering operations
Where garden frontages are sloped, there may be a need to dig out the frontage or raise it, which would require the use of retaining walls. This is usually considered to qualify as engineering operations and would require planning permission but each case would have to be considered on its own merits by a planning officer.
Overhanging the highway
Under the Highways Act 1980 (as amended), if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway, they are guilty of an offence and liable to imprisonment or a fine, or both.
Therefore, you must ensure that any vehicle parked on the frontage does not overhang the footpath or highway. The minimum acceptable depth of frontage is 4.9 metres.
Street furniture
Where a driveway is created, it is the responsibility of the homeowner to pay for the relocation of any street furniture, including:
- lamp columns
- telephone cabinets
- utility boxes
Trees
It is unlikely that we will grant permission for the removal of any healthy highway tree. Prior to removing any trees within the area you want to convert to a drive, you must first check with us to ensure the tree is not protected by either a tree preservation order or a conservation area order.
Removal of a tree(s) without permission from the council is likely to result in in a prosecution being brought against you in the courts of law.
Things to consider
You may find it helpful to seek advice from a planning agent when planning your proposal. Alternatively you can apply for pre-application advice from our Planning service.
Disclaimer
This is a general guide based on national rules, but additional local rules may also affect what permissions are needed. You should check if this is the case before applying or starting work.
Guidance here relates to the planning regime for England. If in doubt contact us. We may charge a fee for pre-application advice.