Creating a new driveway or hardstanding in a front garden is a common home improvement, particularly as car ownership and the premium placed on off-street parking have grown. The planning rules that apply to front garden hardstanding were tightened in 2008 following widespread concerns about surface water flooding caused by the paving over of front gardens across the country.

The Five Square Metre Rule for Impermeable Surfaces

Since October 2008, laying an impermeable hard surface in a front garden that exceeds five square metres in area requires planning permission. An impermeable surface is one that does not allow water to soak through it, such as solid concrete, standard tarmac, or stone slabs laid on a mortar bed over a solid sub-base. The five square metre threshold is relatively small; a typical single car driveway is considerably larger than this, so most new front garden driveway projects would trigger the planning requirement if an impermeable surface is used.

Permeable Surfaces Are Exempt

Permeable surfaces are exempt from this planning requirement regardless of the area covered. Permeable block paving that allows water to drain between the blocks, permeable concrete and tarmac products with a porous structure, gravel, and other materials that allow water to percolate into the ground below can be used to create a driveway of any size without planning permission. The requirement to allow surface water drainage on front garden hardstanding has effectively made permeable paving the default choice for new driveway installations.

Directing Water to a Lawn or Border

An alternative to permeable surfacing is to direct the surface water run-off from an impermeable driveway surface to a lawn or planted border where it can soak in naturally. If drainage from the hard surface is directed this way rather than to a drain or onto the highway, planning permission is not required even for an impermeable surface exceeding five square metres.

Rear Driveways and Back Gardens

The specific five square metre rule for impermeable surfaces applies to the front garden, meaning the area between the house and the highway boundary. Hardstanding in a rear garden or side access passage does not trigger this specific planning requirement, though other permitted development rules about curtilage coverage apply as for any hard surfacing works.

Building Regulations

Driveways are generally not subject to Building Regulations unless they include a car port or garage with electrical installations. The surface drainage design should be considered to ensure water does not discharge onto the highway, which is a separate obligation under highway and drainage law.

Summary

A new front garden driveway using a permeable surface does not require planning permission regardless of size. An impermeable surface in the front garden exceeding five square metres requires planning permission unless water is directed to a lawn or border for drainage. Rear garden hardstanding does not trigger the same specific rule. A dropped kerb requires separate approval from the highways authority regardless of the driveway's planning position.