Planning Permission For Resin Driveways

The rule in plain English

The rules on paving front gardens in England changed on 1 October 2008. They were brought in to cut the amount of rainwater running off driveways into drains and roads, which adds to local flooding. Under the current permitted development rules for houses:

• No planning permission is needed for a new or replacement front driveway of any size if it uses permeable (porous) surfacing.
• No planning permission is needed if rainwater is directed onto a lawn or border so it can drain away naturally.
• Planning permission is needed if the area covered is more than 5 m² and it uses traditional, impermeable materials that do not let water soak away.

These rules cover front gardens only. Driveways and patios elsewhere on the property are treated differently, so check with your council if your project is at the side or back.

Why resin bound usually qualifies

A resin bound surface is made by mixing clean, dried aggregate with resin and trowelling it out by hand. Because the stones are coated rather than sealed into a solid sheet, tiny gaps are left between them and water can soak through. That is what makes it a permeable surface.

There are two important details:

• The base matters. Water can only drain away if the layer underneath lets it. Resin bound laid on a permeable base, such as open-graded asphalt over a free-draining sub-base, works as a permeable system. If it is laid over existing solid concrete with nowhere for the water to go, the water will run off the top instead, so the falls and drainage need planning.
• Resin bound is not the same as resin bonded. Resin bonded is a scatter coat, where loose stone is broadcast onto a layer of resin on a solid base. It is not permeable, so it is treated like any other impermeable surface.

When you might still need permission

Permitted development rights do not apply everywhere. Speak to your local planning authority before any work starts if:

• you live in a flat or maisonette, as these do not have the same permitted development rights as houses
• your home was created by converting another building, or under certain other permitted development routes
• your property is in a conservation area, National Park or other designated area
• your home is a listed building
• there is a planning condition or an Article 4 Direction removing permitted development rights on your property

If you are not sure, your council can tell you. You can also apply for a Lawful Development Certificate if you want written confirmation, for example to help when you sell the house.

Dropped kerbs are separate

If your new driveway needs a new access across the pavement, you need permission from your local council to drop the kerb. This is a separate process from planning permission for the driveway surface, and it is illegal to drive over a pavement to reach a driveway without a dropped kerb. On some roads, such as classified roads, a dropped kerb may also need planning permission. Most councils publish their own dropped kerb guidance and fees.

Wales, Scotland and Northern Ireland

This guide covers England. The planning systems in Wales, Scotland and Northern Ireland are separate and the details can differ. Check with your local council before you start.

How we help

We will talk you through the base, the drainage and whether your driveway is likely to count as permeable when we quote. We can’t give legal advice, and the final word on planning always rests with your local council, but we will tell you clearly if we think something needs checking first.

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Sources: GOV.UK, Guidance on the permeable surfacing of front gardens and Planning Portal, Paving your front garden. Correct at time of writing; rules can change.