Do you need planning permission for a driveway or access

Building or extending a driveway or new access to your property is often done under permitted development meaning you don’t need planning permission. However, this is only provided it meets all the necessary planning and design criteria and there are no constraints that restrict or remove permitted development rights.

If you would like your driveway to be permitted development you must use a permeable (or porous) surfacing which allows water to drain through. The most common materials include gravel, permeable concrete block paving or porous asphalt. Alternatively, you may be able to direct the rainwater to a lawn or border to drain naturally.

If a driveway is covered with more than five square metres of impermeable material such as tarmac and does not allow the water to run into a permeable area to drain away the full planning permission will be required.

In order to drop a kerb to access your driveway you will always require permission from your planning authority. Once planning approval is secured you can apply for a dropped kerb license, this process is straightforward once you have your planning permission approved.

For any driveways that are likely to be permitted development, a lawful development certificate is recommended. This is the only way to get a legal determination whether the project is in fact permitted development and lawful. A lawful development certificate will likely be required if you ever sell the property but perhaps more importantly it protects you from any retrospective planning issues, enforcements or penalties.

It is important to note that permitted development allowances for driveways apply to houses but not to flats, maisonettes or businesses. All flats, maisonettes and businesses will require full planning permission.

Ultimately, it is your planning authority who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

Get in touch!