Dropped kerbs: planning permission and the highway licence
A crossover involves two separate consents from the same council. Here is which one you need, in what order, and what the highway authority checks.
A dropped kerb involves two separate permissions from the same council, and they are granted by different teams under different legislation. Planning permission covers the change to the front of your property where it is needed at all. A licence under section 184 of the Highways Act 1980 covers the work in the public highway, and you cannot avoid it. People who apply for one and assume it covers the other lose months.
Whether dropped kerb planning permission is required at all depends mainly on the classification of the road outside.
When a crossover needs planning permission
For an existing house fronting an unclassified road, forming a vehicular access is generally not development requiring planning permission, and the matter is dealt with through the highway licence alone.
Where the access is onto a classified road, planning permission is required. Classified roads are the A, B and C roads, and the C classification is the one that catches people, because a C road can look like an ordinary residential street with nothing to distinguish it. Ask the highway authority for the classification in writing before you assume.
Permission is also needed where the crossover forms part of wider development, where an Article 4 direction has removed the rights, where the property is a flat rather than a house, or where a listed building or its curtilage is affected.
Why classified roads change the answer
The reasoning is about safety and traffic flow rather than appearance. A new access onto a distributor road introduces turning movements into faster traffic, and the highway authority will assess whether the visibility available is adequate for the speed vehicles actually travel at.
Councils apply visibility splay standards drawn from Manual for Streets and their own design guides. The splay is described by two dimensions: a set-back from the carriageway edge, commonly 2.4 m, and a distance along it in each direction, matched to stopping sight distance for the speed of the road. Manual for Streets gives 43 m at 30 mph as a working figure, with shorter distances at lower speeds.
Measure the available splay honestly, standing where a driver's eye would be. A splay that requires you to see through a neighbour's hedge, over land you do not own or across a parked car bay is not available, and saying otherwise wastes everyone's time.
Gradient, layout and what the officer looks at
The other technical points are unglamorous and they decide most applications.
- Gradient from the carriageway to the parking space, since a steep drive grounds vehicles and pushes water towards the highway. A maximum around 1 in 10 for the first few metres is a common requirement.
- Space to park clear of the footway, normally at least 4.8 m from the back of the footway, so a parked car does not overhang it.
- Whether a vehicle can leave in forward gear where the road is busy or the speed is high.
- Gates, which must not open outwards over the footway and are often required to be set back.
- Retention or replacement of a boundary wall, hedge or verge, and whether a street tree is affected.
Street trees are frequently the end of the matter. Highway authorities will rarely agree to remove a healthy street tree for a private driveway, and a tree covered by a Tree Preservation Order or standing in a conservation area brings a separate consent regime with it.
Where the tree can stay, the crossing usually has to be built outside its root protection area, using a no-dig construction over a cellular confinement system rather than an excavated sub-base. That costs more than standard paving and the tree officer will want the detail before agreeing, so raise it at the enquiry stage rather than on the morning the contractor arrives.
The separate section 184 licence
Section 184 of the Highways Act 1980 gives the highway authority control over the construction of a vehicle crossing over a footway or verge. The application is made to the highway authority, which is the county council in two-tier areas and the unitary or borough council elsewhere.
Expect the process to involve an inspection, a quotation, and construction either by the authority's own contractor or by an approved contractor working to its specification. Utility apparatus is checked, since a service cover, a gas valve or a lighting column in the line of the crossing has to be moved at the applicant's cost. That is the item that turns a modest quote into a large one.
Charges vary between authorities and are published, so ask for the current schedule rather than relying on a figure a neighbour quoted three years ago. If planning permission is also needed, work out what the planning fee comes to before you submit and treat the two costs separately.
Surface water and permeable surfacing
Paving a front garden changes where rainwater goes. Householder permitted development rights allow hard surfacing in front of a dwellinghouse only where the surface is porous or permeable, or where run-off is directed to a permeable area within the curtilage such as a border or a soakaway.
That condition applies to areas above five square metres. Beyond that threshold, a conventional impermeable surface draining to the highway would need planning permission and would usually be refused, because it adds to surface water flooding in exactly the streets that already have it.
Permeable block paving, gravel over a permeable base and a drainage channel into a planted border are all straightforward answers. Design one in from the start rather than adding it after the highway licence is issued.
Sequencing the two applications
Take them in this order.
Confirm the road classification with the highway authority. If planning permission is needed, apply for it and get the decision before applying for the section 184 licence, because the licence will be assessed against what has been approved. If permission is not needed, apply for the licence directly, but do not assume approval, since the highway authority can refuse on visibility or safety grounds even where planning is not engaged.
Then build only what has been approved. A crossing formed by a private contractor without a licence is unlawful, and the authority can reinstate the kerb and recover the cost from the owner.
An illustrative example. A 1930s semi on a C-classified road with a 30 mph limit, a 1.8 m front boundary hedge and a street tree three metres from the proposed opening. The application would need planning permission, a visibility splay demonstrated with the hedge reduced to 600 mm, a permeable drive, and agreement from the tree officer that the crossing can be built outside the root protection area. Those figures are illustrative only.
For a larger access serving more than one home, the highway authority will usually expect a Transport Statement rather than a site plan, and you can check what else the application needs before you start. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
This is general guidance, not legal advice. Check the position with your local planning authority and highway authority before relying on it.
Frequently asked questions
Do I need planning permission for a dropped kerb?
For an existing house fronting an unclassified road, usually not, and the matter is handled through the highway licence alone. Permission is required where the access is onto a classified road, where the property is a flat, where an Article 4 direction applies, or where a listed building or its curtilage is affected.
How do I find out if my road is classified?
Ask the highway authority in writing, which is the county council in two-tier areas and the unitary or borough council elsewhere. Classified roads are A, B and C roads. The C classification causes most confusion because a C road can look like an ordinary residential street with nothing visible to mark it.
What is a visibility splay?
It is the area that must be kept clear so a driver leaving the access can see approaching traffic. It is described by a set-back from the carriageway, commonly 2.4 metres, and a distance along it matched to stopping sight distance for the road speed. Manual for Streets gives 43 metres at 30 mph as a working figure.
What is a section 184 licence?
It is the highway authority's consent under the Highways Act 1980 for constructing a vehicle crossing over a footway or verge. It involves an inspection, a quotation and construction by the authority's contractor or an approved one. Moving utility apparatus in the line of the crossing is charged to the applicant and often dominates the cost.
Does my driveway have to be permeable?
For hard surfacing in front of a house exceeding five square metres, permitted development requires a porous or permeable surface, or run-off directed to a permeable area within the curtilage. A conventional impermeable drive draining to the highway would need planning permission and is usually refused because it worsens surface water flooding.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.