Paving a front garden in London: permeable surfaces and the rules

The five square metre rule

Planning Portal explains that you will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing which allows water to drain through, 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 is needed for laying a traditional, impermeable driveway that does not provide for the water to run to a permeable area.

What counts as permeable

Planning Portal gives gravel, permeable concrete block paving and porous asphalt as examples of surfaces that let water drain through. The other route is to build the surface so rainwater runs off onto a lawn or border where it can soak away naturally.

The government's guidance on permeable surfacing of front gardens explains these approaches, including permeable surfaces, soakaways and rain gardens, and how they reduce rainfall runoff into drains.

When the rules are different

These permitted development rules apply to houses. They do not apply to flats and maisonettes, to some converted houses, or where a planning condition or an Article 4 direction removes permitted development rights.

London boroughs and conservation areas often have extra controls, and a listed building needs its own consent for significant works. If you are unsure, ask your local planning authority before starting.

Dropped kerbs and vehicle access

If you want to drive across the pavement to your property you need a dropped kerb, and it is illegal to do so without one. You apply to your local authority, and the work must be carried out by an accredited contractor.

Largely, dropped kerbs are not a planning matter, but planning permission can be needed, for example where the road is classified, the property is divided into flats or it is a listed building. Contact your local planning authority to confirm.

Checking before you start

A few minutes of checking can save a costly mistake. Work through these steps:

• Confirm you live in a house rather than a flat or maisonette.
• Choose a permeable surface, or plan for rainwater to run to a lawn or border.
• Ask your council whether an Article 4 direction, a planning condition or a conservation area applies.
• If you need a vehicle crossing, apply for the dropped kerb separately.
• Get a written quote that names the surface and how drainage is dealt with.