Dropped kerbs and access under Part 2 Class B
A dropped kerb needs two things checked: whether Class B of Part 2 covers it, and whether the highway authority will consent to the crossing at all.
Dropped kerb permitted development rights come from Class B of Part 2 of the GPDO 2015, and they are narrower than most people assume. Class B permits the formation, laying out and construction of a means of access to a highway, but only where that highway is not a trunk road or a classified road, and only where the access is required in connection with development permitted by another class in the Order. Two conditions, both of which have to be satisfied. On a classified road you have no permitted development right at all and the access needs planning permission.
Then, whether or not you need planning permission, you need the highway authority's separate consent to alter the kerb and footway. That is a different application to a different department under different legislation, and it is the one that most often stops the project.
What Class B actually permits
Read the class in two halves.
The first half is the highway test. Trunk roads and classified roads are excluded. Classified roads are the A, B and C roads, and a road with a C classification can look like an ordinary residential street while carrying no permitted development right for a new access. The classification is not always obvious from the road name or the signage, so ask the highway authority which roads on your frontage are classified rather than guessing from a map.
The second half is the connection test. The access has to be required in connection with development permitted by another class in Schedule 2, other than Class A of Part 2, which covers gates, fences and walls. For a domestic driveway the usual answer is that the hardstanding itself is permitted development under Class F of Part 1, and the access is required in connection with it.
That reading is the standard one and it is how most authorities apply the class. It does depend on there being some other permitted development for the access to connect to, which is why a dropped kerb serving an existing drive built decades ago occasionally raises a question nobody expects.
Why the access must relate to other permitted development
The drafting exists to stop Class B being a free-standing right to create accesses anywhere.
In practice that means the sequence matters. If the hardstanding you are forming is not permitted development, for example because the property is a flat with no Class F rights, or because an Article 4 direction has removed them, or because the front surface would be impermeable and undrained, then there is no permitted development for the access to attach to and the access needs permission too.
The same applies where the front garden work has already been refused permission. A refused hardstanding does not become permitted development because you subsequently apply for the crossover.
Where any doubt exists, a lawful development certificate under section 192 of the Town and Country Planning Act 1990 confirms the position before you spend anything. That certificate is the only formal way to establish that works are lawful, and on a contested frontage it is inexpensive insurance. The detail of how the two consents interact is set out in dropped kerb planning permission and the highway licence.
The separate highway authority consent
Section 184 of the Highways Act 1980 governs vehicle crossings over footways and verges. The highway authority, which is the county council, unitary authority or London borough rather than the planning department, decides whether to permit the crossing and on what terms.
What the authority looks at is largely engineering:
- whether a vehicle can stand clear of the highway on the drive, which normally means a minimum depth measured from the back of the footway
- visibility in both directions from the access point, against the speed of traffic on the road
- the gradient of the drive and whether a vehicle will ground on the crossing
- street furniture, lamp columns, telecoms cabinets, gullies and their relocation cost
- street trees, and whether roots would be damaged
- proximity to a junction, a pedestrian crossing, a bus stop or a school entrance
- parking controls on the frontage, and the loss of an on-street space
The works themselves are normally carried out by the authority or by a contractor approved by it, at the applicant's cost, and the cost is quoted per crossing rather than from a published scale in most areas.
Where the road is a red route in London, Transport for London rather than the borough is the highway authority for that length.
Visibility splays and the officer's concerns
Visibility is the most common reason a crossover is refused, and it is rarely something you can fix by argument.
The authority measures the distance a driver emerging from the access can see along the carriageway, from a set-back point behind the footway, against the recorded or design speed of the road. On a straight residential street with parked cars this is usually achievable. On a bend, on the inside of a curve, behind a high boundary wall, or where a neighbouring hedge blocks the line, it frequently is not.
Some of it is within your control. Reducing a front boundary wall to 600 mm, moving a gate post, or cutting back your own hedge can deliver the splay. Some of it is not: you cannot remove a neighbour's hedge, and a splay that depends on land you do not own or control will not be accepted.
Where a street tree stands in the way, expect the answer to be no. Highway authorities rarely remove a healthy street tree for a private crossover, and works near its roots engage the arboricultural constraints covered in the Arboricultural Impact Assessment methodology.
Costs and who carries them
Three cost lines, and the second is the one that surprises people.
The application or inspection fee charged by the highway authority is modest and published by most authorities. The construction cost of the crossing is quoted on inspection and depends on the footway construction, the length of kerb to be dropped, and whether any statutory undertaker's apparatus has to be moved. A gully, a lamp column or a telecoms chamber in the wrong place can multiply the figure, because relocating apparatus is charged by the utility at its own rates.
The third line is your own drive: the hard surface, the drainage required by the Class F condition, and any levels work to achieve a gradient that meets the authority's requirement.
Budget the second line as an unknown until the authority has inspected. Anyone quoting a firm figure before that inspection is guessing.
Sequencing the two applications
Do it in this order.
- Ask the highway authority, informally, whether a crossover is achievable at your frontage. Most will say in general terms before you apply.
- Establish whether the road is classified. If it is, you need planning permission for the access.
- Apply for planning permission if required, or confirm the permitted development position with a certificate if the position is arguable.
- Apply to the highway authority under section 184 and get the quotation.
- Build the hard surface to meet the Class F condition, then have the crossing constructed.
The expensive mistake is laying a driveway first. A compliant porous drive with no lawful vehicle access to it has no value, and the planning department will not help, because the highway decision is not theirs. Our note on the section 184 application covers what that submission needs.
If planning permission turns out to be required, the access will be assessed on highway safety grounds and the Planning Statement should address visibility, the depth available on the plot and the effect on on-street parking directly, with dimensions on the drawings rather than in the text alone.
Enter your postcode on PlanScope to see which reports your site is likely to need if an application becomes necessary.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Do I need planning permission for a dropped kerb?
Not if Class B of Part 2 of the GPDO 2015 applies, which requires the highway to be neither a trunk road nor a classified road, and the access to be required in connection with development permitted by another class. On an A, B or C road you need planning permission. Either way you also need the highway authority's consent.
How do I find out if my road is classified?
Ask the highway authority, which is the county council, unitary authority or London borough. Classification is not obvious from the road name, the width or the signage, and C-classified roads often look like ordinary residential streets. Getting this wrong means building an access with no permitted development right behind it.
What is a section 184 application?
It is the application to the highway authority under section 184 of the Highways Act 1980 for consent to construct a vehicle crossing over the footway or verge. The authority assesses visibility, the depth available on the plot, gradient, street furniture, trees and proximity to junctions, then quotes for the works, which it or an approved contractor carries out at your cost.
Why was my crossover refused on visibility?
Because the distance a driver emerging from the access can see along the carriageway falls short of what the authority requires for the speed of the road. Some of it you can fix by lowering a front wall or cutting your own hedge. A splay depending on a neighbour's land or hedge will not be accepted, and street trees are rarely removed.
Can I lay the driveway before applying for the crossover?
You can, and it is the expensive mistake. A driveway with no lawful vehicle access has no practical value, and the planning department cannot help because the crossing decision belongs to the highway authority. Ask the highway authority informally whether a crossover is achievable at your frontage before spending anything.
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.