Rutland Driveways & Landscaping 07312 132517 Site visit
Charcoal permeable block paving driveway with a contrasting border at a brick house
Planning guide

Do I need planning permission for a driveway?

The front garden rule, dropped kerbs, conservation areas and listed buildings, in plain English.

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Usually not. A new or replacement front driveway needs no planning permission if it is permeable, or if the rainwater drains to a lawn or border on your own land. You need permission if more than 5m² of impermeable surface drains onto the road, if the house is listed, if an Article 4 direction covers it (as in the Stamford conservation area), or if the dropped kerb is onto a classified road.

Permeable drive
No planning needed
Over 5m² draining to the road
Planning needed
Dropped kerb
Council approval, always
Stamford conservation area
Planning needed (Article 4)

Checked against the Planning Portal and council guidance, October 2026.

The rule

The 5m² front garden rule

Since 1 October 2008, paving more than 5m² of front garden with an impermeable surface that drains to the road needs planning permission. The rule is about where the rainwater goes, not the material you choose.

So you do not need planning permission if the surface is permeable (resin bound on a permeable base, permeable block paving, gravel), or if an impermeable surface is laid to fall onto a lawn, border or soakaway on your own land. Planning Portal: paving your front garden

Back gardens are different: a driveway or hardstanding behind the house is normally permitted development whatever it is made of.

When you do need it

When a driveway needs planning permission

  • More than 5m² of impermeable surface in the front garden draining to the road
  • A listed building, where the setting is protected too
  • An Article 4 direction: in the Stamford conservation area, a new or altered hard surface facing a road needs permission whatever the material
  • Flats and maisonettes, which do not have householder permitted development rights
  • A new access onto a classified (A, B or C) road, which needs planning permission before the dropped kerb application
  • Planning conditions on newer estates that keep front gardens open-plan
Dropped kerbs

A dropped kerb is a separate approval

Even when the drive needs no planning permission, crossing the footway to reach it always needs the highway authority's approval for a dropped kerb. In Rutland that is Rutland County Council; around Stamford, Lincolnshire County Council; in Corby, Kettering and Market Harborough, North Northamptonshire or Leicestershire County Council.

See dropped kerbs for the fees and who builds the crossing in each area.

Our approach

How we keep you on the right side of it

We design every front driveway to be permeable or to drain to your own ground, so the front garden rule is met without an application. Where an Article 4 direction, a listed building or a classified road means permission is needed, we tell you at the site visit and draw it up with you.

If the ground will not take water, a permeable driveway can be lined and drained to a controlled outlet, and driveway drainage such as channel drains and soakaways can take water off an impermeable surface before it reaches the road.

Questions

Things people ask us

Do I need planning permission for a new driveway?
Usually not. A new or replacement front driveway needs no planning permission if it is permeable, or if the rainwater drains to a lawn or border on your own land. You need permission if more than 5m² of impermeable surface drains onto the road, if the house is listed, if an Article 4 direction covers it (as in the Stamford conservation area), or if the dropped kerb is onto a classified road.
Is resin bound driveway permeable?
Resin bound is permeable when it is laid on a permeable, open-graded base. Laid over solid concrete or tarmac it is not, and then the water has to drain to your own ground.
Do I need planning for a driveway in a conservation area?
Not usually for a permeable drive. The exception is where an Article 4 direction applies, such as the Stamford conservation area, where a new hard surface facing a road needs permission whatever the material.
Does a dropped kerb need planning permission?
Only on a classified (A, B or C) road, for a listed building, or where an Article 4 direction applies. It always needs the highway authority's approval.
What happens if I build a driveway without permission?
The council can require an application after the event or ask for the surface to be changed. Designing it to be permeable from the start avoids that.

Planning a new driveway?

We measure up, check levels and drainage, and send a written proposal with the build-up, the programme and one whole price. No pressure and no follow-up sales calls.

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