Driveway Planning Permission: The Permeable Surface Rule Explained

You do not need planning permission if:

• You are paving an area of less than 5 square metres, or
• The surface is made of permeable (porous) material that allows water to drain through it, or
• The surface drains rainwater to a permeable area within your property (such as a lawn, border, or soakaway) rather than onto the road or into the public drain

You do need planning permission if:

• You are paving more than 5 square metres with impermeable material (standard concrete, tarmac, block paving without permeable jointing) and the water drains onto the road or into the public drainage system

Permeable materials allow water to drain through the surface and into the ground below. Options include:

• Permeable block paving — blocks with wider joints filled with gravel or permeable jointing compound
• Gravel or shingle — naturally permeable
• Grass reinforcement grids — plastic grids filled with gravel or grass
• Porous tarmac or porous concrete — specialist surfaces designed to let water pass through
• Resin-bound gravel — a smooth surface that is porous

Standard tarmac, concrete, and traditional block paving with sand-filled joints are impermeable. If you use these materials on more than 5m², you need either to drain the water to a permeable area on your land or apply for planning permission.

If you want to use impermeable materials, you can avoid needing planning permission by making sure the rainwater drains to a permeable area within your garden. In practice, this means:

• Sloping the driveway so water runs towards a lawn, planted border, or gravel bed
• Installing a channel drain at the edge of the driveway that directs water to a soakaway or permeable area
• Leaving a strip of permeable ground along one or both sides of the driveway

The key requirement is that rainwater must not run off your property onto the road or into the public drain. If it stays within your property boundary and drains to a permeable area, you do not need planning permission regardless of the surface material.

If you are creating a new driveway where there is not one already, you will need a dropped kerb (also called a vehicle crossover) to allow vehicles to cross the pavement from the road to your property.

Dropped kerbs require permission from your local council's highways department — this is separate from planning permission. The council will assess whether the location is safe (sight lines, proximity to junctions), whether the pavement can be safely modified, and may charge a fee (typically £800–£2,500 for the works).

Some councils combine the dropped kerb approval with planning permission into a single application. Check with your local council.

The permeable surface rule only applies to front gardens and areas between the front of the house and the highway. Paving your back garden does not require planning permission regardless of the material used (subject to the normal 50% curtilage rule for outbuildings and hard surfaces under PD).

• Using standard block paving and assuming it is permeable. Traditional block paving with sand-filled joints is not permeable. You need either permeable blocks with wider joints or a drainage solution.
• Paving the entire front garden. Even if you use permeable materials, consider leaving some planted areas for biodiversity, appearance, and additional drainage capacity.
• Forgetting the dropped kerb. If you are creating a new access from the road, you need highways department approval before you start. Driving over a full-height kerb damages your car and is technically illegal if done regularly.