Planning Permission for Driveways: The 2008 Rules Explained

The 2008 rule change

In October 2008, the UK government changed the rules for front gardens and driveways. The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 removed permitted development rights for impermeable driveways over 5 square metres.

The reason? Paving over front gardens was contributing to urban flooding. Rainwater that would normally soak into the ground was running straight into drains and overwhelming the sewer system. The rule change was designed to encourage permeable surfaces that let water drain naturally.

When you need planning permission

You need planning permission if all three of these are true:

• The driveway is at the front of your property (between the house and the road)
• The surface is impermeable (standard tarmac, non-permeable block paving, concrete)
• The total paved area exceeds 5 square metres

For context, 5m² is roughly the size of a single parking space. Most driveways are 30–60m², so this rule affects almost every new driveway installation.

When you don't need planning permission

You can pave any size of front driveway without planning permission if:

• You use permeable materials — resin bound, permeable block paving, gravel, grass grid systems
• Or you direct rainwater to drain to a lawn, border, soakaway or rain garden within your property (not onto the road or pavement)

This is why most contractors in Brentwood now recommend permeable block paving or resin bound by default. It avoids the planning application entirely — saving you 8–12 weeks of waiting time and the application fee.

What about rear gardens?

The 2008 rules only apply to the front of your property. Rear patios and back garden paving do not require planning permission under these rules, regardless of material or size.

However, rear garden works may need permission if they raise the ground level by more than 300mm, cover more than 50% of the garden, or are on a listed property or in a conservation area.

The planning application process

If you do need planning permission (because you want an impermeable surface), the process is straightforward:

• Apply to your local council (Brentwood Borough Council for Brentwood residents)
• Fee: approximately £206 for a householder application (2026 rates)
• Timeline: 8 weeks for a standard decision
• You'll need a site plan showing the proposed driveway layout and drainage

Most applications for driveways are approved, but the council may add conditions about drainage. Many homeowners find it simpler to choose permeable materials and avoid the process altogether.

What to ask your contractor

Before any work begins, ask your contractor:

• "Is the proposed surface permeable? Will it avoid the need for planning permission?"
• "How will rainwater be managed? Where will it drain to?"
• "Are you familiar with the 2008 permitted development rules?"

A good contractor will raise these points themselves. If they don't mention planning permission or drainage at all, consider it a red flag.