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Do I need permission for a new driveway or dropped kerb?

Whether you need permission for a driveway or dropped kerb depends on its size, surface type, location, and whether it crosses a public pavement.

AB-01The short answerIt depends. In England, a small or permeable driveway often needs no planning permission, but a dropped kerb to cross the pavement almost always needs separate consent from your council's highways team. Check both before any work starts, because they're assessed differently.
AB-02Which part of the UK you're inThis guide covers England first, since that's where most readers are. Wales, Scotland and Northern Ireland have their own systems, covered in the last step. If you're unsure which nation's rules apply to your address, check with your local council or the relevant national planning body.
AB-03The size and surface limitsIn England, the 5 square metre rule applies to hard surfaces in a FRONT garden. You can usually pave up to 5 square metres with anything without planning permission. Above that, you still don't need permission if you use a permeable surface, such as gravel or permeable block paving, or direct rainwater to a lawn or border on your own land. More than 5 square metres of solid surface that drains onto the pavement or road needs planning permission.
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Paving more than 5 m² of a front garden with a non-permeable surface that drains to the road needs planning permission.

AB-04The dropped kerb is a separate matterA dropped kerb lowers the kerb so a vehicle can cross the pavement onto your drive. This is a different legal process from planning permission, because it alters the public highway, not just your property. You need consent from your council's highways department, and the crossover itself is usually built by the council or an approved contractor, not by you or your own builder. If the road is a classified road (an A, B or C road), creating the new access also needs planning permission, on top of the highways consent.
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Altering a public highway to create a vehicle crossing needs council highways consent, which is separate from planning permission.

AB-05Exceptions that change the answerFlats and maisonettes don't get the same permitted development rights as houses, so a new driveway for a flat usually needs planning permission regardless of size. Listed buildings may need listed building consent for changes to the frontage or garden, even for small works. Conservation areas, other designated land, or an Article 4 direction can remove permitted development rights entirely, meaning permission is needed even for a small permeable driveway. Check your lease or deeds too, as covenants sometimes restrict changes to the frontage.
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Listed building consent is a separate legal requirement for any change affecting a listed building, including its grounds.

AB-06Planning permission and Building Regulations are different thingsA simple driveway doesn't usually trigger Building Regulations, but if the work affects drainage, structure, or a shared boundary, it might. Not needing planning permission doesn't mean no other consent applies, and the reverse is also true. Always check both separately rather than assuming one covers the other.
AB-07Who to askUse the Planning Portal to check permitted development rules for your property and to apply for planning permission if needed. For a dropped kerb, contact your local council's highways department directly, as this isn't handled through the Planning Portal. If you want written proof that permission wasn't needed, you can apply to your council for a Lawful Development Certificate.
AB-08Costs and timescalesHousehold planning application fees are set out on the Planning Portal; check the current figure before applying, as it can change. Dropped kerb application fees are set by each council and vary, often from roughly £100 to £500 for the application alone, plus the cost of building the crossover, which can run into the low thousands. Planning applications in England have a statutory decision period, usually around 8 weeks; highways timescales vary by council, so ask them directly.
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Councils in England have a statutory period, usually around 8 weeks, to decide a planning application.

AB-09What happens if you skip itIf you build a driveway or dropped kerb without the right permission, the council can ask you to undo the work, and in some cases take enforcement action. An unauthorised crossover can be reinstated by the council at your cost. These issues often surface when you sell, as solicitors ask for proof of permission. An indemnity insurance policy can sometimes cover the risk, but it doesn't make the work legal and should be a last resort, not a first choice.
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Councils have statutory enforcement powers over unauthorised development and unauthorised changes to the public highway.

AB-10If you live in Wales, Scotland or Northern IrelandIn Wales, the system is similar to England, but rules and fees are set by the Welsh Government and your local council, so check the Planning Portal's Wales guidance. In Scotland, permitted development rules differ from England's and applications go through ePlanning Scotland; check mygov.scot, and ask your council's roads team about a dropped kerb. In Northern Ireland, planning is handled through its own system via nidirect, and dropped kerbs are arranged through the Department for Infrastructure Roads rather than the council.

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