You can usually lay a new driveway without planning permission if the surface is permeable, or if rainwater runs onto a lawn, border or soakaway within your property. A non-permeable front driveway over 5 m² that drains onto the road needs planning permission. If you will drive across a pavement, you also need your council's permission for a dropped kerb.
Do I need planning permission for a driveway?
For a house in England, laying a hard surface in the front garden is permitted development if the surface is porous or permeable, or if rainwater from it is directed to a permeable area within your boundary, such as a lawn, border or soakaway. That applies whatever the size.
If the area between the front of the house and the road is more than 5 m², and you use a traditional impermeable surface that drains onto the road or into the drains, you need planning permission. The rules came in on 1 October 2008 to reduce flooding from surface water running off front gardens. An Article 4 direction can remove these rights, so check if you live in a conservation area. Flats and maisonettes don't have the same rights.
What counts as a permeable driveway?
A permeable driveway lets rainwater soak through the surface into the ground beneath, instead of running off into the road. Common options include:
- Permeable block paving: blocks laid with wider joints filled with fine grit, over a sub-base designed to hold water and let it soak away.
- Gravel or loose stone over a permeable base.
- Resin-bound surfacing: stone mixed with resin and trowelled smooth, laid on a permeable base. This is different from resin-bonded surfacing, where stone is scattered onto a resin coat, which isn't usually permeable.
- Porous asphalt or porous concrete designed to let water through.
- Standard tarmac, concrete or tightly jointed block paving is impermeable, so to stay within permitted development it needs to drain to a soakaway, a rain garden, or a lawn or border.
Do I need permission for a dropped kerb?
Yes. To drive over a pavement onto your property you need a dropped kerb, and you must apply to your council for one. The council inspects the site, checks visibility, trees, lamp posts and underground services, and if it approves, the crossing is built to its specification, often only by its own approved contractors.
Planning permission is also needed if the road is a trunk or classified road (A, B or C roads). Where it isn't, the new access is usually permitted development when it serves other permitted work, such as a new permeable driveway, but your council will confirm. Costs and rules vary. In Birmingham, for example, the council's published guidance lists a £113 application fee and typical costs of £2,000–£4,000 for a standard-width crossing. Apply early, and don't remove a front wall or hedge until you have approval.
Block paving, tarmac or resin: which is best?
The best surface depends on your budget, the look you want and how the drive will drain. The prices below are typical West Midlands ranges for 2026, including VAT, excavation, sub-base and edging on a straightforward site. A 40–50 m² driveway often comes to £4,500–£7,500 in block paving, £2,200–£4,800 in tarmac or gravel and £5,000–£8,500 in resin-bound. The main options:
- Block paving: hard-wearing, repairable because individual blocks can be lifted, and available in many colours. Needs a well-compacted sub-base and occasional weeding and re-sanding. Permeable versions are available. Typically £100–£165 per m².
- Tarmac: the lowest-cost hard surface, quick to lay and good for large areas. Standard tarmac is impermeable, so drainage has to be designed in, and the edges need restraining. Typically £55–£95 per m².
- Resin-bound: a smooth, even finish that is permeable when laid on a suitable base and needs little maintenance. The quality depends heavily on the base and on careful mixing. Typically £110–£185 per m².
- Gravel: the cheapest option and naturally permeable, but stones migrate and it is harder going for wheelchairs and pushchairs. Typically £35–£65 per m².
What makes a driveway last?
The surface you see is only the top layer. Most driveway failures, such as sinking, rutting, loose blocks or cracked resin, come from what is underneath. A driveway built to last has:
- Excavation to the right depth, typically 200–300 mm below the finished level for a car driveway, and more on soft ground.
- A compacted sub-base of crushed stone, typically 100–150 mm or more, laid and compacted in layers.
- Firm edge restraints, so blocks and tarmac can't spread.
- Falls that take water away from the house, so it can't pond against the walls.
- A finished level at least 150 mm below the damp-proof course of the house, or suitable drainage where that isn't possible.
How long does a new driveway take to lay?
A typical 40–50 m² driveway usually takes around three to six working days on site in block paving, from digging out to the final sanding, and two to four days in tarmac or resin-bound. The amount of excavation and edging makes the biggest difference. Allow longer if old concrete has to be broken out, or if retaining walls, drainage channels or a soakaway are needed.
Block paving can normally be used as soon as it has been compacted and sanded. Resin-bound surfaces need time to cure, usually at least a day before cars go on them, depending on the product and the weather. Resin and tarmac can't be laid in heavy rain, and frost holds up concrete and mortar, so winter jobs need some flexibility.
What else should I check before booking a driveway?
A clear written quote should state the area, the excavation depth, the sub-base thickness, the surface material, how drainage will be handled, and whether the dropped kerb and any council fees are included. Before you book, also check:
- Drain covers and inspection chambers must stay accessible and may need raising or replacing with recessed covers.
- Trees and roots: check for tree preservation orders, and avoid cutting through major roots.
- Spoil and waste: a driveway produces a lot of soil and old paving. Whoever takes it away must be a registered waste carrier, which you can check on the Environment Agency's public register. You can be fined if your waste ends up fly-tipped.
- Boundaries: confirm where the boundary is before walls or edging go in.
- Access during the work: you won't be able to park on the drive while the base and surface go down, and resin needs time to cure.
Sources
- Planning Portal – Paving your front garden: planning permission
- legislation.gov.uk – GPDO 2015, Schedule 2, Part 1, Class F (hard surfaces)
- GOV.UK – Permeable surfacing of front gardens: guidance
- Birmingham City Council – Apply for a dropped kerb: costs
This guide is general information for homes in England, not legal or professional advice for your property. Rules change — check with your council or the Planning Portal before you rely on it.