Hampstead Architecture and Planning

Planning

Paving a Front Garden and Dropped Kerbs: The Planning Rules

Paving a front garden for parking can need planning permission — but a permeable surface usually avoids it, whatever the size. This guide explains the 5 square metre rule, the drainage reason behind it, and the separate consent a dropped kerb requires.

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The 5 square metre rule

Paving over a front garden is permitted development — needing no planning permission — as long as the surface lets water drain naturally. Planning permission is only required where more than 5 square metres of the front garden is covered with a traditional, impermeable surface that does not allow rainwater to soak away or run to a permeable area. Below that area, or with a surface that drains, it is not caught.

Why permeable surfaces avoid it

The rule exists because hard, impermeable front gardens push rainwater into the drains and contribute to surface-water flooding. The simplest way to stay within permitted development, at any size, is therefore to use a permeable or porous surface — gravel, permeable block paving or porous asphalt — or to direct the rainwater to a lawn or planted border where it can drain naturally. That keeps the driveway outside planning control and is better for the street’s drainage.

Dropped kerbs are separate

Creating a new vehicle access across the footway needs its own permission from the council as highway authority — a dropped kerb, or vehicle crossover, application — which is separate from the planning position on the paving itself. The footway may need strengthening to take vehicles, and where the access is onto a classified road, planning permission for the access can be required as well. It is worth resolving both before laying anything.

Walls, railings and conservation areas

Front boundary treatments have their own limits: a wall, fence or gate next to a highway used by vehicles is generally permitted development only up to 1 metre high (up to 2 metres elsewhere), and removing or altering a front boundary wall can need permission — particularly in a conservation area, where the character of front gardens and boundaries is protected and permitted development rights may be restricted. In much of prime London the front garden is part of the streetscape the planners are trying to preserve, so it is worth checking before changing it.

Frequently asked questions

Do I need planning permission to pave my front garden?

Only if you cover more than 5 square metres with an impermeable surface that does not drain to a permeable area. A permeable surface, or one that drains to a lawn or border, needs no permission whatever its size.

What counts as a permeable surface?

Gravel, permeable block paving or porous asphalt, or any arrangement that directs rainwater to a lawn or planted border to soak away naturally rather than running off into the drains.

Do I need permission for a dropped kerb?

Yes — a dropped kerb (vehicle crossover) needs separate permission from the council as highway authority, and the footway may need strengthening. On a classified road, planning permission for the access may also be required.

Does a conservation area change the rules for front gardens?

It can. Conservation area status and any Article 4 direction can restrict permitted development for paving, boundary walls and railings, because the character of front gardens is protected. Check the position before starting.

Can I remove my front garden wall?

Removing or altering a front boundary wall can need planning permission, especially in a conservation area. A new wall, fence or gate next to a highway used by vehicles is generally permitted development only up to 1 metre high, or 2 metres elsewhere.

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