Dropped kerbs and vehicle crossovers: two consents
Two separate consents, two separate decisions. When planning permission is required, what the dimensional tests are, and the sequence that wastes least money.
A dropped kerb application is two applications wearing one name. The highway authority has to license the physical crossing of the footway, and the planning authority has to permit the access itself if it is not already permitted development. Those are separate bodies making separate decisions under separate legislation, and one can say yes while the other says no.
Homeowners generally discover this after paying for the first one.
Why a crossover needs highway consent as well as planning
Driving a vehicle across a footway or verge without a constructed crossing is an offence, and the footway belongs to the highway authority rather than to you. Section 184 of the Highways Act 1980 is the mechanism: you apply, the authority decides whether to permit the crossing, it specifies the construction, and you pay for it.
That consent is about the highway. Kerb radius, footway construction depth, drainage, the position of the gully, whether the crossing conflicts with a bus stop or a crossing point.
Planning permission, where it is needed, is about the access as development: whether the vehicle movements it generates are safe, whether the visibility is adequate, and whether the loss of frontage or a boundary wall harms the character of the street.
Two questions, two answers. A council with a unitary structure may run both from the same building and will still treat them as distinct.
When planning permission is required and when it is not
The general rule for a house is that forming a new access onto an unclassified road is permitted development, under Class B of Part 2 of Schedule 2 to the GPDO 2015, where the access is needed in connection with other permitted development such as a hardstanding.
Two situations take you outside that.
The road is classified. Access onto a trunk road or a classified road, meaning an A, B or C road, is not permitted development and needs a planning application. Classification is not always obvious from the road itself. A quiet residential street can carry a C classification, and the highway authority holds the record.
Permitted development rights have been removed. An Article 4 direction, or a condition on the original planning permission for the estate, can withdraw Class B. Conditions removing access rights are common on 1990s and later housing estates.
| Situation | Planning permission | Section 184 licence |
|---|---|---|
| New access onto unclassified road, house | Usually not needed | Yes |
| New access onto A, B or C road | Yes | Yes |
| Widening an existing crossover | Usually not needed | Yes |
| Access serving a flat rather than a house | Yes | Yes |
| Article 4 direction covering the property | Yes | Yes |
Flats do not have Part 1 or Part 2 householder rights, so a crossover serving a converted house in flats needs permission even on an unclassified road.
Classified roads and the additional requirement
Where the road is classified, expect the highway authority to ask for more than visibility.
The usual additional requirement is that a vehicle must be able to turn within the plot and leave in forward gear. Reversing onto a classified road is the thing highway officers refuse for, and on a short front garden that requirement alone can make the scheme undeliverable.
Measure before you apply. A turning area needs meaningful depth beyond the parking space itself, and a frontage that will not take it is better identified with a tape measure than with a refusal notice.
Visibility, parking depth and turning within the plot
Three dimensional tests decide most applications.
Vehicle visibility splays are measured from a set-back point in the access, commonly 2.4 metres from the back of the footway, along the channel line in each direction. The distance required follows stopping sight distance for the road's speed, and on a typical 30mph residential road that is in the region of 43 metres. Parked cars, hedges and boundary walls inside the splay all count.
Pedestrian visibility splays, often 2 metres by 2 metres either side of the access, keep a driver and a person on the footway in sight of each other. This is the test that kills the scheme with a 1.8 metre boundary wall right up to the opening, and the answer is to reduce the wall height near the access rather than abandon it.
Parking depth is measured from the back of the footway to the house or garage. A standard car needs about 4.8 metres, and authorities commonly require 5 metres or more so that no part of a parked vehicle overhangs the footway. A drive that is 4.2 metres deep will be refused however good the visibility is.
Street trees, lighting columns and utility covers
Anything in the footway belongs to somebody, and moving it is at your cost.
A street tree in front of the proposed crossing is the most common obstacle. Highway authorities apply their own tree policies, and refusal is a normal outcome where the tree is healthy and the crossing could go elsewhere. Where the tree is protected by a Tree Preservation Order, the same principles apply as when building near a protected tree, and the presumption against removal is stronger still.
Lighting columns, telecoms cabinets, gullies, stop taps and inspection covers can usually be moved or adjusted. Each has an owner, each charges, and quotes from statutory undertakers can take weeks to arrive and are valid for a limited period.
Get those quotes before you commit. A crossover that is affordable becomes a different proposition once a lighting column relocation is priced.
Costs, inspections and who does the work
Highway authorities take one of three approaches: works carried out by the authority's own term contractor, works by a contractor from an approved list, or works by any contractor with inspection at defined stages.
Charges vary by authority and are published, usually covering an application fee, the construction cost and inspection. Because these schedules are reviewed periodically, check the current one on the council's website rather than relying on a figure quoted by a driveway installer.
Whoever builds it, the crossing has to be constructed to the authority's specification, which is deeper than a domestic drive. A crossing built by a general contractor to residential standards will fail inspection and be dug out.
Sequencing the two applications
The order matters, and the sequence that wastes least money is this:
- Establish the road classification and whether permitted development rights have been removed.
- Measure visibility, parking depth and turning space against the authority's published standards.
- Make an informal enquiry to the highway authority about the crossing position, before any application.
- If planning permission is needed, apply for it, supported by a site plan showing splays and turning, and a short Planning Statement if the frontage is sensitive.
- Apply for the section 184 licence once permission is in place, or once you have established that none is required.
- Book the works and the inspections.
The one step people skip is the third, and it is the one that costs nothing. The wider interaction between the two consents is covered in our note on planning permission and the highway licence.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. A Lawful Development Certificate is the only formal way to confirm that an access is permitted development.
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Frequently asked questions
Do I need planning permission for a dropped kerb?
Usually not for a house on an unclassified road, where forming the access is permitted development under Class B of Part 2 of the GPDO 2015. Permission is needed for access onto a trunk or classified road, for flats, and where an Article 4 direction or a condition on the original estate permission has removed the right.
How deep does my driveway need to be?
Measured from the back of the footway to the house or garage, a standard car needs around 4.8 metres and authorities commonly require 5 metres or more so that no part of a parked vehicle overhangs the footway. A shallower frontage will be refused regardless of how good the visibility splays are.
Can the council refuse because of a street tree?
Yes, and it regularly does. Street trees belong to the highway authority, which applies its own tree policy to removal requests. Where the crossing could be positioned elsewhere on the frontage, refusal is the normal outcome. Where a Tree Preservation Order applies, the presumption against removal is stronger again.
Who is allowed to build the crossing?
It depends on the authority. Some use their own term contractor, some maintain an approved contractor list, and some allow any contractor subject to inspection at defined stages. Whoever builds it, the construction has to meet the authority's specification, which is deeper than a domestic drive, or it will fail inspection.
Should I apply for planning permission or the licence first?
Establish the road classification first, then make an informal enquiry to the highway authority about the crossing position, which costs nothing. Apply for planning permission if it is needed, then apply for the section 184 licence. Applying for the licence before resolving the planning position risks paying for a crossing you cannot use.
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.