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In this blog, we’ll explain when a driveway could be considered permitted development and when planning permission may be required.
Permitted Development Basics
A driveway can often be considered permitted development meaning planning permission is not required. However, there are some important caveats, to be aware of to avoid falling foul of the most common permitted development mistakes. Only houses have permitted development rights but not all houses have permitted development rights. Flats, maisonettes, and commercial properties always need planning permission.
Planning Constraints
Planning constraints such as conservation areas, listed buildings, world heritage sites, areas of outstanding natural beauty, article 4 directions or even living under a flight path may limit or remove your permitted development rights. Any previous developments even by a previous owner a long time ago may have used some, or all of your Permitted Development rights, meaning planning permission IS required.
Planning policies are also ever-changing. Even if your driveway is permitted development today, the council can impose new planning constraints that remove your permitted development rights at any time in the future. This could result in a breach of planning, and risk enforcement action. If an enforcement notice is issued and retrospective planning permission is refused you would need to demolish the driveway and restore the property back to its original state.
When Can A Driveway Be Permitted Development?
If your house has permitted development rights and there are no hidden constraints that removed your PD rights, your driveway may not need planning permission if it meets ALL of the following:
The driveway is limited to an area of up to 5 square meters.
If the driveway surface is permeable (e.g., gravel, porous asphalt, or permeable concrete blocks).
If a driveway does not connect to a classified road.
However, even if your driveway meets these criteria, you may still need planning permission.
For example, if there are hidden planning constraints or your permitted development rights have been used up by previous developments.
It is important to note that 20% of our planning applications are retrospective and 99% of these were sure they didn’t need planning permission but got it wrong.
With this in mind, it’s best to check with your local planning authority or a chartered town planner before commencing work to limit your risk and expense.
How to Find Out If You Need Planning Permission?
To find out if you need planning permission you have 2 options.
The first option is to submit a pre-application to your council.
This requires architectural drawings showing the property before and after the works, along with a detailed proposal explaining your plans and how they meet the relevant planning policies. A pre-app costs up to £600 and typically takes 5 to 8 weeks for a response, though it’s not a legal determination and doesn’t guarantee approval.
Alternatively, our town planners can provide a planning appraisal.
We check the same planning policies, planning history, and planning constraints as the council but without the need for architectural drawings or a detailed proposal. The advantage of a planning appraisal is you’ll get the answers you need within a day instead of waiting weeks.
A Lawful Development Certificate
For anything likely to be considered Permitted Development it is always recommended to obtain a Lawful Development Certificate before commencing any works. A Lawful Development Certificate is the only way to prove that your development is Permitted Development and does not need planning permission.
It is also often required when selling or remortgaging your property, to prove to buyers or lenders that all modifications are lawful. Without planning permission or a lawful development certificate your driveway may not increase the value of your property. By securing a Lawful Development Certificate, you’re investing in both the future security and potential value of your property.
If you’re considering building a driveway and would like any help or advice contact us for a free no-obligation consultation.
Driveway Permitted Development FAQs
Can a driveway be permitted development?
Yes, a driveway can sometimes be permitted development if it serves a house and meets the relevant rules on size, surface water drainage and access. However, permitted development rights do not apply to every property and may be restricted by planning constraints, planning conditions or previous development.
When does a driveway need planning permission?
Planning permission may be required if the driveway is over 5 square metres and uses a non-permeable surface without suitable drainage, connects to a classified road, affects a protected location, or involves other works that fall outside permitted development rights.
What driveway surfaces are permitted development?
Permeable surfaces such as gravel, porous asphalt, permeable concrete blocks or other sustainable drainage solutions are more likely to fall within permitted development rules. Non-permeable surfaces may still be acceptable if rainwater is directed to a permeable area within the property rather than onto the highway or public drainage system.
Does a driveway over 5 square metres need planning permission?
A driveway over 5 square metres may need planning permission if it uses an impermeable surface and does not provide suitable drainage within the property. If the surface is permeable or drains naturally within the site, it may still be permitted development, subject to other planning constraints.
Do I need permission for a dropped kerb as well as a driveway?
Yes, a dropped kerb usually needs separate approval from the local highway authority, even if the driveway itself is permitted development. The highway authority will consider road safety, visibility, pedestrian access, street furniture and whether the proposed vehicle access is suitable.
Can a driveway connected to a classified road be permitted development?
A driveway that connects directly to a classified road is more likely to need planning permission or additional highway approval. Classified roads can raise safety and access concerns, so the planning and highway position should be checked before any work starts.
Should I get a Lawful Development Certificate for a driveway?
Yes, it can be sensible to obtain a Lawful Development Certificate if you believe your driveway is permitted development. This gives formal confirmation from the local planning authority that the proposal is lawful and can help when selling, remortgaging or responding to future enforcement concerns.
What happens if my driveway is not permitted development?
If the driveway needed planning permission and was built without approval, the council may investigate and could take enforcement action. You may need to submit a retrospective planning application, change the surface, alter the drainage or remove unauthorised works in serious cases.
After securing a law degree in 2003, Ellie became a RTPI town planner in 2019 has since gained substantial experience with planning applications of all sizes from householder to major planning applications in a wide range of industries including education, residential, healthcare, commercial, and industrial sectors.
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