Do I Need Planning Permission for a Driveway?
Written by James Walker · Last reviewed 15 August 2026
James Walker has 2 degrees in construction (BSc (Hons) Building Surveying · MSc Environmental Design of Buildings) and an extensive background in issue resolution, resolving over £4 billion of consumer issues.
The short answer
- You need permission for a new or replacement front driveway using impermeable surfacing covering more than 5 square metres.
- Unless rainwater is directed to a permeable area on your own land, a lawn, border or soakaway.
- Permeable surfacing avoids the requirement entirely, gravel, permeable block paving, porous asphalt, resin bound.
- 5 square metres is small. Almost any usable driveway exceeds it.
- A dropped kerb is a separate approval from the highway authority.
Applies to England.
The rule
Since 2008, hard surfacing at the front of a property has been controlled to reduce surface water running into the road and contributing to flooding.
The test has two parts, and both must be true for permission to be required: the surface is impermeable, and it covers more than 5 square metres, and water drains to a public road rather than to a permeable area on your own land.
Direct the water onto your own ground and you avoid the requirement even with an impermeable surface.
Permeable options
Gravel, permeable block paving, porous asphalt and resin bound all let water through. Resin bound is often chosen specifically because it combines a solid finish with compliance.
A permeable surface still needs a properly constructed sub-base to work, permeability at the surface achieves nothing if the layer beneath is sealed.
Dropped kerbs
Separate, and often forgotten. Creating a new vehicle access across a footway needs approval from the highway authority, not the planning department, and the work is usually carried out by an approved contractor at your cost.
Budget for it. It is a significant sum and it is not in most driveway quotes.
What to check in the quote
- The surfacing material and whether it is permeable
- Where water is directed, and to what
- Whether permission is needed and who applies
- Whether a dropped kerb is included
- Sub-base depth and compaction, the part that determines whether it lasts
How it works
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Related guides
Common questions
- What if my drive is at the side or rear?
- The rule applies to the area in front of the house.
- Does resurfacing count?
- A replacement surface is treated like a new one.
- What if I already have an impermeable drive?
- Existing surfaces are not retrospectively caught, but replacing one is.
- Who enforces this?
- The local planning authority.