MENU
Home » Blog » A Lawful Development Certificate
In this blog, we’ll explain when a dropped kerb could be considered permitted development and when planning permission may be required.
Permitted Development Basics
A dropped kerb 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 dropped kerb 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 dropped kerb and restore the property back to its original state.
When Can A Dropped Kerb Be Permitted Development?
If your house has permitted development rights and there are no hidden constraints that removed your PD rights, your dropped kerb may not need planning permission if it meets ALL of the following:
The property is on an unclassified road (not a classified road, A-road, B-road, or trunk road).
The driveway or parking area that the dropped kerb will provide access to already complies with permitted development rights.
The installation does not require significant changes to land levels, removal of trees protected by a Tree Preservation Order, or alterations to existing walls, fences, or gates that exceed permitted development limits.
While planning permission may not be needed, you must still obtain approval from your local highways authority for any work on the pavement or road, and the work must comply with their regulations.
However, even if your dropped kerb 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 dropped kerb 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 dropped kerb and would like any help or advice contact us for a free no-obligation consultation.
Dropped Kerb Permitted Development FAQs
Can a dropped kerb be permitted development?
A dropped kerb can sometimes be treated as permitted development from a planning perspective if it serves a house, the access is onto an unclassified road, and the associated driveway or parking area also complies with permitted development rules. However, highway approval is still normally required for any works to the pavement or road.
When does a dropped kerb need planning permission?
Planning permission may be required if the dropped kerb would access a classified road, if the property is affected by planning constraints, if significant engineering works are required, or if the associated driveway does not comply with permitted development rules. Local planning conditions can also affect whether permission is needed.
Do I still need highway approval if the dropped kerb is permitted development?
Yes. Even where planning permission is not required, you will usually still need approval from the local highway authority before any work is carried out on the pavement, verge or highway. The highway authority will consider safety, visibility, drainage, street furniture and construction standards.
Can a dropped kerb onto a classified road be permitted development?
A dropped kerb onto a classified road is more likely to need planning permission. Classified roads, including A roads, B roads and some other designated routes, can raise highway safety concerns, so both the planning and highway position should be checked before applying or starting work.
Does the driveway need to be permitted development too?
Yes, the driveway or parking area served by the dropped kerb should also comply with the relevant permitted development rules. This usually means considering the surface, drainage, size, location and any planning constraints affecting the property.
Can a dropped kerb be refused by the highway authority?
Yes, a dropped kerb can be refused if the highway authority considers the access unsafe or unsuitable. Common issues include poor visibility, proximity to junctions, pedestrian safety, existing parking restrictions, trees, street furniture, drainage problems or insufficient space within the property for a vehicle.
Should I get a Lawful Development Certificate for a dropped kerb?
A Lawful Development Certificate can be useful if you want formal confirmation that planning permission is not required for the dropped kerb and associated works. However, it does not replace separate highway authority approval for works to the pavement or road.
What happens if my dropped kerb is not permitted development?
If the dropped kerb needed planning permission or highway approval and was installed without the right consent, the council or highway authority may investigate and could take enforcement action. You may need to submit a retrospective application, alter the access, reinstate the kerb or remove unauthorised works.
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.
Need Planning Advice? Get a Free Consultation.
Contact UsGet a Free Instant Estimate!
Cost Calculator
