Dropping kerbs and paving your front garden

Dropping kerbs

If you wish to drop the kerb to create a new vehicule access, or alter the existing access, you will need to get written consent from us. This will be either through planning permission or through a lawful development certificate as explained below.

You will also need permission from Gloucestershire Highways as the local highway authority.

You will need to apply for planning permission if

• the proposed dropped kerb will be located on a main road (classified or trunk road)
• the proposed drop kerb is the only work to be carried out
• permitted development rights have been removed for the construction of a dropped kerb (you will be able to find this on previous planning permissions associated with the property)

If you are also resurfacing your driveway, the dropped kerb can be done under an application for a Lawful Development Certificate for proposed use or development so long as it fits both the planning specifications and criteria below:

• The driveway is surfaced with a permeable material
• there is a rain drain to collect the water runoff from the property
• or if the rainwater is directed to a lawn or border to drain naturally  

Other considerations to be made

When the dropped kerb:  

• involves the removal of a tree in a conservation area or protected by a tree preservation order (TPO) you will need to make an application for works to a tree
• will cross over land belonging to someone else and which does not form part of the public highway you will need a legal land easement from the owner
• is to a listed building, you will need listed building consent if the building or boundary wall to the property needs to be altered

Paving your front garden - hard surfacing

If the surface to be covered is more than five square metres and the proposed material is impermeable - such as tarmac - you will need planning permission.

An unlisted house will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing such as gravel, permeable concrete block paving or porous asphalt which allows water to drain through, or if the rainwater is directed to a lawn or border to drain naturally.

You can read guidance on the permeable surfacing of front gardens published jointly by the Environment Agency and Communities and Local Government.

How to apply

Householder planning applications or certificate of proposed lawful development can be made online on the Planning Portal website.

Your application will need to include the following documents:

• site location plan to an Ordnance Survey standard at a scale of 1:1250 accurately identifing the precise boundaries of the site, including any curtilage, garden or other outlined in red. Buy a plan
• block plan to a scale of 1:500 or sketch with precise measurements (both will need to be in metric) to show the extent of the dropped kerb and the garden to be hard surfaced (if appropriate)
• details of materials to be used in the construction of the driveway or hard surface along with drainage information if appropriate.

The information in both the form and plans must be clear and precise, sufficient for us to make an accurate assessment against current planning legislation. Please note that we may need further information depending on the individual case.

If you have any questions please contact the planning department.