Do You Need Planning Permission for a New Driveway?

When a driveway needs planning permission

A new or replacement driveway of any size needs no planning permission if it uses permeable or porous surfacing that lets water drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally, the Planning Portal says.

Planning permission is needed to lay a traditional, impermeable driveway over more than 5 square metres that does not let the water run to a permeable area, under the same Planning Portal rules.

The rules exist to reduce the impact of paved front gardens on flooding and on pollution of watercourses, and drains in most urban areas were not designed for increased rainfall, the government’s guidance on permeable front gardens says.

Planning permission for each driveway surface

Here is where each surface stands, from the Planning Portal’s rule, the government’s guidance and, for resin, Checkatrade.

Surface	Planning permission at a house	What to know
Gravel	Not needed at any size	Cheap and simple to build, but scatters and does not suit steeply sloping drives or wheelchairs
Permeable concrete block paving	Not needed at any size	A very long service life if built correctly, and needs a knowledgeable contractor
Porous asphalt	Not needed at any size	Should be laid by a specialist company
Two wheel tracks with a permeable area around them	Not needed if the tracks cover less than 5 square metres	Each track typically 300mm to 600mm wide
Resin bound or resin bonded	Resin is not named by the Planning Portal	Checkatrade calls resin bound permeable and resin bonded not permeable
An impermeable surface draining to a lawn or border	Not needed at any size	The guidance’s main solutions also include a rain garden or soakaway
An impermeable surface with no way for water to reach a permeable area	Needed over 5 square metres	Letting water flow to the drains should be the last option and might not be permitted development

Resin driveways and planning permission

The Planning Portal does not name resin, so the test for a resin drive is whether its surfacing lets water drain through.

A resin bound driveway mixes resin and aggregate for a smooth permeable finish, while resin bonded scatters aggregate over resin for a rougher finish that is not permeable, Checkatrade says.

Houses and areas the rules do not cover

The Planning Portal’s driveway rules do not apply to flats and maisonettes, houses created through permitted development rights, other buildings, or areas where a planning condition, Article 4 Direction or other restriction limits permitted development rights.

Nottingham City Council advises using its Minor Works Enquiry Service before doing work in the six areas where Article 4 Directions cover specific properties, mostly within conservation areas: Devonshire Promenade, Foxhall Road, Sneinton, Strelley Village, Waterloo Promenade and Wellington Terrace.

You need listed building consent for most building work, internal and external, to a listed building, and the My Property tool shows whether a property is listed or in a conservation area, the council says.

Where the rainwater goes

There are three main ways to deal with the rainwater from a front drive, the government’s guidance says: gravel or a mainly green, vegetated area; directing water from an impermeable surface to a border, rain garden or soakaway; or permeable block paving, porous asphalt or concrete.

The sub-base under a permeable drive

A conventional drive is built on hardcore or MOT Type 1, whose fine material stops water passing through it easily, while a permeable drive needs open graded materials such as 4/20 and Type 3 sub-base, compacted in the same way, the guidance says. It is buried once the surface is down, so check it on the quote.

Rain gardens, soakaways and clay soil

A rain garden or soakaway lets you use conventional block paving, asphalt or concrete, but it needs deeper digging, space, a knowledgeable contractor and sand or gravel soil, and should sit at least 3m from foundations on a small driveway, or further if the ground calls for it, the government’s guidance says.

On clay soil a connection to the drains may be needed, and a pipe in the sub-base is a wise precaution, according to the same guidance.

Slopes and your neighbours

Slope the drive away from the house towards the road where possible, use a drainage channel if it slopes towards the house, and never direct water towards a neighbour’s property, the guidance advises.

A drive steeper than 1 in 20 may not suit permeable surfacing, and underground services should be checked before any paving starts, the guidance says.

Dropped kerbs and building regulations

Driving over the pavement onto your property needs a dropped kerb, which takes a separate application to the local authority, and doing so without one is illegal, the Planning Portal says.

GOV.UK’s dropped kerb page finds your council from your postcode, and, in its area, Nottinghamshire County Council says planning permission is likely if the crossing accesses an A, B or C classified road, passes over non-highways land, or serves a property other than a house for a single family.

Building regulations do not generally apply to paving a front garden, but the work must not make access to the house any less satisfactory than it was before, and changing levels to add steps where none existed would contravene them, the Planning Portal says.

Checks before you pave the front garden

Each of these can change the answer, so work through them before anyone starts digging.

For a permeable drive, the government’s guidance says it is best to use an experienced landscape or driveway contractor with references from previous clients, not a casual jobbing contractor who knocks on your door. Of the ten Nottingham driveway companies we compare, SG Landscaping offers full design and planning through to completion, and Trowell Paving lays block paved driveways with drainage work.

Testing and looking after a permeable drive

Turn a hosepipe on the finished drive for 1 or 2 minutes and there should be no puddles, with the water soaking straight in rather than flowing more than 200 to 300mm over the surface, the government’s guidance says.

To keep it draining, clear leaves, mud and litter, brush the surface and remove weeds by hand or with a weed burner, but never put soil, sand or oil on it, mix concrete on it, use weed killer or let garden beds drain onto it, the guidance advises.