Do I Need Planning Permission for a New Driveway?

Adding off-road parking or replacing an old drive is one of the most common home improvements in Surrey. Most new driveways don't need planning permission, but some do, and getting it wrong can lead to enforcement action or problems when you sell. This guide explains the main rules for houses in England, how they apply in Guildford, Godalming, Woking and Cranleigh, and what you need to know about dropped kerbs.

This is general guidance, not legal advice. Your local planning authority has the final say, so if you're unsure, check with them before work starts.

The 5 square metre rule for front gardens

Since October 2008, householders in England have needed planning permission to lay a hard surface of more than five square metres in a front garden if that surface is impermeable and rainwater runs off it onto the road or into drains.

You normally don't need planning permission if:

  • The new surface is permeable or porous, so water soaks through it, such as resin bound on a porous base, permeable block paving or gravel, or
  • Rainwater from an impermeable surface is directed to a lawn, border, rain garden or soakaway within your property, so it drains naturally.

The rule exists because paved-over front gardens send more rainwater into drains, adding to surface water flooding. The government's guidance on permeable surfacing of front gardens explains acceptable designs in more detail.

In practice, most of the driveways we build are designed to meet these rules, either by using a permeable surface or by building in proper drainage.

When else might you need planning permission?

The 5 square metre rule is part of householders' permitted development rights. Those rights don't apply in every situation. You may need planning permission if:

  • Your home is a flat or maisonette. Permitted development rights for hard surfaces apply to houses, not flats.
  • Your home is a listed building. Listed building consent may also be needed for works affecting the building or its setting.
  • Permitted development rights have been removed. This can happen through an Article 4 direction, often in conservation areas, or by a condition on the original planning permission for your house. Many newer estates have such conditions.
  • The driveway involves other works, such as raising ground levels significantly, building retaining walls, or putting up walls, fences or gates over the permitted heights next to a road.
  • You need access onto a classified road, such as an A, B or C road. Creating a new access onto a classified road usually needs planning permission as well as highways approval.

Conservation areas and the Surrey Hills

Parts of Guildford, Godalming, Cranleigh and many surrounding villages are conservation areas, and much of the countryside lies within the Surrey Hills National Landscape. Being in a conservation area doesn't automatically mean you need permission for a driveway, but Article 4 directions are more common there, and materials should suit the character of the area. Removing a front wall or hedge can also need consent in some cases. It's worth checking with your council early.

The relevant planning authorities are:

  • Guildford Borough Council for Guildford and nearby villages
  • Waverley Borough Council for Godalming, Cranleigh and surrounding villages
  • Woking Borough Council for Woking and its villages

If you want certainty, you can apply for a Lawful Development Certificate, which confirms that the work doesn't need planning permission.

Dropped kerbs in Surrey

A dropped kerb, also called a vehicle crossover, is the lowered section of kerb and strengthened pavement that lets you drive from the road onto your property. Driving over a pavement without one isn't allowed, and it can damage the footway and any services beneath it.

In Surrey, dropped kerbs on public highways are handled by Surrey County Council as the highway authority, not the borough councils. Their process typically involves:

  • Applying to Surrey County Council and paying an application fee
  • An assessment of your site, looking at factors such as visibility, the distance from junctions, street trees, lamp posts and other street furniture, and whether there's enough space to park without overhanging the pavement
  • If approved, the work being carried out on the highway by the council or a contractor it approves

Check Surrey County Council's website for the current process, criteria and fees before you commit to a driveway design. There's no point building a drive that you can't legally access. If you're on a classified road, you may also need planning permission from your borough council.

Making sure your driveway complies

A well-designed driveway handles water properly whatever the planning rules say. When we plan a driveway, we look at:

  • The size of the area and whether it's in the front garden
  • The type of surface, and whether a permeable option suits your home
  • The ground beneath. Permeable surfaces need suitable sub-base, and clay soils drain slowly, so extra drainage may be needed
  • Where surface water will go, such as planted areas, channel drains or a soakaway
  • Levels, so water runs away from the house and doesn't flow onto the pavement

If you're still choosing materials, see our comparison of resin vs block paving driveways.

Evergreen Gardeners work across Guildford, Godalming, Woking and Cranleigh, plus the villages in between.

Frequently asked questions

Do I need planning permission for a gravel driveway?

Usually not, as loose gravel on a permeable base lets water drain through. Planning permission may still be needed if your permitted development rights have been removed or you need new access onto a classified road.

Can I replace my existing driveway without permission?

Replacing a front driveway with a permeable surface, or one that drains to a lawn or border, normally doesn't need planning permission for a house. Replacing more than five square metres with an impermeable surface that drains to the road usually does.

Who do I apply to for a dropped kerb in Guildford?

Dropped kerbs on public roads in Surrey are approved by Surrey County Council, the highway authority, rather than Guildford Borough Council.

Can you help with the planning side of a new driveway?

We design driveways to meet the permeable surface rules and can advise on what to check with your council and Surrey County Council before work begins.

For a free, no-obligation quote, call Evergreen Gardeners on 07383 778366 or send us a message. We'll visit, talk through what you need and give you a clear written price.