Dropped kerbs and vehicle crossover applications
The kerb needs a section 184 vehicle crossing licence. The access and the driveway may also need planning permission, depending on road classification and how the surface drains.
Putting a driveway in your front garden and dropping the kerb to reach it are two separate permissions from two different parts of the council, and people regularly get one and assume they have both. The kerb itself needs a vehicle crossing licence from the highway authority under section 184 of the Highways Act 1980. The access and the hard surfacing may also need planning permission, depending on the classification of the road and how the surfacing is built.
The short version: a crossover onto an unclassified residential street is usually permitted development, while an access onto a classified or trunk road needs planning permission. Get the planning position confirmed before you pay the highway fee, because a licence is no use without the access being lawful.
Two separate consents and which you need
The vehicle crossing licence is the highway authority's permission to alter the public footway or verge in front of your house. It covers the construction of the crossing, the kerb, the footway build-up and any adjustments to gullies, ironwork or street furniture. The authority either carries out the work itself or nominates an approved contractor, and you pay for it.
Planning permission is the local planning authority's permission for the access and the driveway within your boundary. Different department, different application, different timescale.
Both can be refused independently. A highway authority can refuse a crossing on safety grounds even where planning permission has been granted, and a planning authority can refuse an access where the highway authority has no objection. Apply for the planning position first if there is any doubt, since it is the cheaper of the two to get wrong.
When planning permission is required
Two parts of the General Permitted Development Order 2015 matter here.
Part 2 Class B permits the formation of a means of access to a highway where that access is needed in connection with development permitted by another Class in the Order, but only where the highway is not a trunk road or a classified road. So a new access serving a hard surface laid under Part 1 Class F on an unclassified street is generally permitted development. An access onto a classified road, an A road, a B road or a numbered C road, is not, and needs a planning application.
Part 1 Class F permits hard surfacing within the curtilage of a house. It carries one condition that catches almost everybody: where the surface is situated between a wall forming the principal elevation and a highway, it must be made of porous materials, or provision must be made to direct run-off to a permeable area within the curtilage. Block paving laid on a sealed base draining to the street does not comply.
| Situation | Planning permission | Highway licence |
|---|---|---|
| New crossover onto an unclassified road | Usually not needed under Part 2 Class B | Needed |
| New crossover onto a classified or trunk road | Needed | Needed |
| Widening an existing lawful crossover | Depends on road classification and any condition | Needed |
| Permeable driveway with no new access | Usually not needed under Part 1 Class F | Not needed |
| Any of the above where an Article 4 direction applies | Needed | Needed |
Permitted development rights can also be removed by a condition on the original planning permission, which is common on estates built in the last thirty years. Check your deeds and the planning history before assuming anything, and remember that a flat is not a house for these purposes, so Part 1 rights do not apply to a flat at all.
If the works are permitted development and you want certainty, a lawful development certificate under section 192 of the Town and Country Planning Act 1990 is the only formal way to confirm it. Councils charge for one, and on a contested street it is money well spent.
The highway authority crossover process
The process is fairly standard across authorities, though the forms and fees differ.
- Check the road classification and any restrictions, such as a bus stop clearway, a pedestrian crossing zig-zag area or a protected verge.
- Submit the crossing application with a plan showing the proposed width and position, and pay the assessment fee.
- A highways inspector visits, assesses visibility and the footway condition, and identifies any apparatus or street furniture in the way.
- You receive either a refusal with reasons, or an approval with a quotation for the works.
- The authority or its approved contractor builds the crossing, and you pay the quoted sum before work is programmed.
Two things lengthen this. If a lamp column, a telecoms cabinet, a gully or a tree needs moving, the cost and the programme are controlled by the relevant utility or the council's arboricultural team, not by the highways team. And in London, a crossover onto a red route needs Transport for London's consent rather than the borough's, which is a separate process.
Footway construction, utilities and street furniture
The crossing is a structural alteration to the footway, not a kerb swap. A footway built for pedestrians will not take a car without a deeper sub-base, which is why the authority specifies the build-up and why the cost is what it is.
Statutory undertakers' apparatus sits under most footways. Where a gas or water valve, a stop tap, an inspection chamber or a cable duct falls within the crossing, it may need lowering, protecting or diverting, and the undertaker does that work at your cost. Ask the inspector at the site visit whether anything is likely to need moving, because that is the answer that determines your budget.
Street trees are the other common obstacle. Removing or working near a street tree usually will not be agreed, and a crossing offset to avoid the root protection area may not line up with your gates. Design around the tree.
Refusal reasons on classified roads
On a classified road the highway authority is making a safety judgement, and the common refusal reasons are consistent:
- Inadequate visibility in either direction for the traffic speed on the road
- Proximity to a junction, a bend, a crest or a pedestrian crossing
- The loss of on-street parking spaces or a stretch of protected verge
- The need for vehicles to reverse onto the carriageway because the driveway is too short to turn in
- Interruption of a cycle lane or a bus route
Driveway depth is the one applicants most often overlook. A frontage that only allows a car to reverse out onto a busy road will usually be refused, and no amount of argument about the previous owner's parking habits helps. Where the frontage is shallow, the workable answer is often a wider crossing with a turning area, which needs more garden than people expect.
On a fast rural road the visibility requirements become the whole question, and the standards are different again. Read the position on accesses onto a national speed limit road before you apply.
Surfacing, drainage and permeable materials
Getting the drainage right does two jobs: it satisfies the Part 1 Class F condition and it keeps you clear of section 163 of the Highways Act 1980, which deals with water flowing from premises onto the highway.
The practical options are permeable block paving over a permeable sub-base, resin-bound gravel over a permeable base, loose gravel with an edge restraint, or a conventional surface falling to a soakaway, a rain garden or a permeable border within your own garden. What does not work is a sealed surface falling to the road, or a linear channel discharging over the kerb.
Keep some soft landscaping. A front garden turned entirely to hardstanding increases run-off, loses planting and, in a conservation area, changes the character of the street. Several councils have adopted design guidance seeking a planted margin, and a strip of planting along the boundary is an easy concession that improves the application.
Costs, timescales and who does the work
Fees vary by authority and are revised, so take the figures from the council's current published schedule rather than from a neighbour's memory of what theirs cost. Expect two separate charges: an assessment or application fee, and the cost of the works themselves.
Programme realistically. The highway assessment commonly takes a few weeks, works are scheduled in batches, and any utility diversion adds months rather than weeks. Where planning permission is also needed, a householder application is determined within eight weeks in the normal course.
Do not be tempted to have a private contractor cut the kerb. Unauthorised works to the highway can be required to be reinstated at your cost, and the authority can pursue the expense.
For a project where the access is part of something larger, such as a new dwelling or a conversion, enter the postcode on PlanScope to see which supporting documents the application is likely to need, or work through the full report list to plan the submission.
This is general guidance, not legal advice. A lawful development certificate is the only formal way to confirm that works are permitted development. Check the position with your local planning authority and the local highway authority 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
On an unclassified residential street, usually not, because Part 2 Class B of the General Permitted Development Order permits the access where it serves other permitted development. On a classified or trunk road you do need permission. Rights can also be removed by an Article 4 direction or by a condition on the original permission.
Can I lay the driveway myself and have the council do the kerb
Yes, that is the normal arrangement. The work within your boundary is yours to organise, and the crossing over the public footway must be built by the highway authority or its approved contractor at your cost. Never have a private contractor cut the kerb, because unauthorised highway works can be reinstated at your expense.
Why does my front garden driveway have to be permeable
Because Part 1 Class F of the General Permitted Development Order permits hard surfacing between the principal elevation and the highway only where it uses porous materials or directs run-off to a permeable area within the curtilage. A sealed surface draining to the street falls outside the permission and also risks liability under the Highways Act.
What are the common reasons a crossover is refused
Inadequate visibility for the traffic speed, proximity to a junction, bend or crossing, loss of on-street parking or protected verge, interruption of a cycle lane or bus route, and a driveway too short to turn in so vehicles must reverse onto the carriageway. Driveway depth is the factor applicants most often overlook.
How long does a vehicle crossing take to get
The highway assessment commonly takes a few weeks and the works are then scheduled in batches. Any diversion of a gas valve, stop tap, cable duct or lamp column adds months rather than weeks, since the utility controls that programme. Where planning permission is also needed, allow the usual eight weeks for a householder application.
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.