regulations for a driveway from oct 2008

From 1 October 2008 new rules have applied for householders wanting to pave over their front gardens.

You will NOT need planning permission if a new driveway uses permeable (or porous) surfacing which allows water to 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.

If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways that do not control rainwater running off onto roads.

Please be aware the majority of driveways we have installed since the new legislation came into force have not required planning permission. The only time you will need planning permission for a traditional surface is if you CANNOT stop the surface water leading onto the highway. You may be thinking that your driveway slopes towards the road so it can't be prevented. However, this is not the case, slotted drainage systems and garden soakaways are the alternative to redirect the water.


Disclaimer: Please be aware the information provided is an introductory guide and should not be used as a source of legal information. Click here to read our terms and conditions

What is the problem with paving over front gardens?

Serious flooding in 2007 caused loss of life, disruption of peoples' lives and damage estimated at about 3bn GBP. In many cases flooding happened because drains could not cope with the amount of rain water flowing to them.

The effects of climate change mean that this kind of heavy rainfall event and flooding may occur more often in the future.

The drains in most urban areas were built many years ago and were not designed to cope with increased rainfall. More water is entering the drains from new developments and paving front gardens adds to the problem.

Although paving over one or two gardens may not seem to make a difference, the combined effect of lots of people in a street or area doing this can increase the risk of flooding.

The harm caused by paving gardens is not limited to just flooding. Hard surfaces such as concrete and asphalt collect pollution (oil, petrol, brake dust etc) that is washed off into the drains. Many drains carry rainwater directly to streams or rivers where the pollution damages wildlife and the wider environment.

In older areas the rainwater may go into the foul water sewer which normally takes household waste from bathrooms and kitchens to the sewage treatment works. These overflow into streams and rivers in heavy rainfall.

As more water runs into foul sewers from paved areas there are more frequent overflows, passing untreated sewage into watercourses.


Building regulations

Building Regulations do not generally apply. However, you will need to make sure that any alterations do not make access to the dwelling any less satisfactory than it was before.

Dropping kerbs - If you are making a new access into the garden across the footpath you will need to obtain permission from the local council to drop the kerbs and the pavement may need strengthening. This is to protect any services buried in the ground such as water pipes.

Rain gardens and soakaways

An area of garden can be formed into a rain garden - a depression to collect and store rainwater running from conventional impermeable surfaces (asphalt, concrete and block paving), before slowly allowing it to soak into the ground or to flow to the drains.

Rain gardens are widely used in the USA and elsewhere but are a relatively new concept in the UK.

The depressions can be located along the edge of the drive or as a larger area in the garden at a low point. The depression can be planted with suitable plants to help slow run-off, or gravel or cobbles can be used as decorative features.

There may be a gravel-filled trench below it to increase the storage capacity and allow water to soak into the ground more easily.

Soakaways are a similar idea except that water is piped into a gravel-filled trench or special container and allowed to soak into the ground.

In some areas many houses have the roof downpipes connected to soakaways. They are more suitable for houses with larger front gardens as they require space and need to be located a suitable distance from buildings.

Wheel tracks

To keep hard surfaces to a minimum a driveway can be created that has just two paved tracks where the wheels go.

These can be surfaced with blocks, asphalt or concrete, but to provide a durable construction they should have sub-base below.

The area between and around the tracks can be surfaced in gravel or planted with grass or suitable low growing plants. Water must drain from the tracks into the surrounding permeable area.

Typical width is between 300mm and 600mm for each track.