Means of access under Part 2 Class B of the GPDO
A dropped kerb onto an unclassified road can be permitted development under Part 2 Class B, but only in support of other permitted work, and never onto a classified road.
A new vehicle access onto an unclassified road can be permitted development under Class B of Part 2 of Schedule 2 to the General Permitted Development Order 2015, but only where the access is needed for development that is itself permitted by another class in the same Schedule. Access onto a trunk road or a classified road is excluded outright, so the first question on any dropped kerb project is what type of road you are crossing. On an A, B or C road you need planning permission regardless of what the driveway looks like.
The second thing to understand is that planning is only half of it. Even where the access is permitted development, you still need the highway authority's consent under section 184 of the Highways Act 1980 before anyone touches the footway.
What the class permits and the link to other rights
Class B covers the formation, laying out and construction of a means of access to a highway. It is written as a supporting right rather than a standalone one. The access has to be required in connection with development permitted by another class in Schedule 2, and Class A of Part 2, which deals with gates, fences and walls, is specifically excluded as the trigger.
For a householder the trigger is usually Part 1 Class F, which permits a hard surface within the curtilage of a dwellinghouse for a purpose incidental to its enjoyment. A front garden converted to a driveway under Class F, served by a new access onto an unclassified road under Part 2 Class B, is permitted development on both counts.
Class F carries its own condition that matters here. Where the hard surface sits between the principal elevation and the highway, it must be built from porous materials or drained to a permeable area inside the curtilage. Laying impermeable block paving across a front garden with run-off to the road takes the whole thing outside permitted development.
Why access onto a classified road is excluded
Classified roads carry higher traffic speeds and volumes, and a new access on one changes the risk profile of the highway rather than just the property. The order therefore takes that decision out of permitted development and puts it in front of the local planning authority, which consults the highway authority.
Finding out the classification is harder than it should be. The road number is a guide but not conclusive, because unnumbered roads can be classified as C roads. The highway authority holds the definitive record, and a short email to the highways development management team gives you the answer in writing, which is worth having.
Where the road is a trunk road, National Highways is the highway authority and the test is considerably tougher. Expect a refusal on anything that adds a private access to the strategic network without a strong case.
Permitted development rights can also be removed locally. An Article 4 direction over a conservation area may withdraw Part 2 rights, and a condition on the original planning permission for the estate may prevent the formation of an access, which is a separate restriction explained in development contrary to a condition and article 3(4).
Section 184 highway consent as a separate approval
Section 184 of the Highways Act 1980 governs the construction of a vehicle crossing over a footway or verge. The highway authority can require the work to be carried out by its own contractor or an approved one, at the applicant's expense, and it sets the specification for kerb type, construction depth and surface finish.
Planning permission does not authorise work in the highway, and a section 184 consent does not grant planning permission. Both are needed where both apply, and they are assessed by different teams, often in different buildings.
The authority will usually refuse a crossing where the frontage is too narrow to park a car clear of the footway, where the crossing would conflict with a street tree, a lamp column, a gully or a telecoms chamber, or where there is a loading restriction or a bus stop on the frontage. Apparatus can sometimes be moved, at the applicant's cost, which can easily exceed the cost of the driveway.
Visibility splays and the highway authority view
The highway authority will look at what a driver emerging from the access can see. Manual for Streets sets out the approach for residential streets, with a setback from the carriageway edge, commonly taken as 2.4 metres, and a sight distance along the carriageway derived from stopping sight distance at the road's actual speed.
Three things routinely block a splay: a boundary wall or hedge over about one metre, a parked car in the adjoining bay, and the curve of the road itself. The first is within your control, since reducing a front wall to 600 millimetres within the splay triangle is usually acceptable. The second is not.
Where the splay cannot be achieved, the realistic options are to move the access along the frontage, to provide a turning area inside the site so vehicles leave in forward gear, or to abandon the proposal. On a classified road a substandard splay is the most common refusal reason.
Hard surfacing inside the site
Inside the curtilage, the surface itself is the Class F question and the drainage condition is what catches people out.
Permeable block paving, gravel over a permeable sub-base, and reinforced grass all comply. Impermeable paving complies only where the run-off is directed to a soakaway, a rain garden or a permeable strip within the garden, and that provision has to exist rather than be intended.
Think about gradient as well. A driveway falling towards the highway sends surface water onto the footway, which the highway authority can object to under its own powers even where planning is satisfied. A reverse fall to a channel drain and a soakaway at the rear of the hardstanding is the usual answer on a sloping frontage.
Verge crossings and utility apparatus
Grass verges are normally highway land, and crossing one needs the same section 184 consent as a footway. The authority will specify construction build-up for vehicle loading, because a verge built as landscaping fails quickly under car tyres.
Apparatus under the verge belongs to the utility that installed it. Water stopcocks, gas valves, electricity cabinets and telecoms chambers all need either protecting or diverting, and diversion is quoted and carried out by the utility to its own timetable. Three months is not unusual.
Trees in the verge belong to the highway authority and are often protected by policy rather than a Tree Preservation Order. Trees inside the garden may carry a Tree Preservation Order or conservation area protection, and removing one to form an access without consent is an offence that carries a fine, which sits alongside the wider position on enforcement time limits for permitted development breaches.
The sequence of approvals to apply for
Work through it in this order and you will not waste money.
- Confirm the road classification in writing from the highway authority.
- Check for an Article 4 direction and for conditions on the original permission removing permitted development rights.
- If the road is classified, or rights are removed, apply for planning permission with a drawing showing the splays and the surfacing.
- Apply for the section 184 vehicle crossing, whether or not planning permission was needed.
- Arrange any utility diversions before fixing a start date.
- Consider a lawful development certificate under section 192 if you are relying on permitted development and want written confirmation.
Where planning permission is required, a short Planning Statement addressing highway safety, surface water and the effect on the street scene does more for the decision than extra drawings. Other work on the same frontage, such as repainting or re-cladding, falls under different parts of the order, as painting and external alterations under Part 2 explains.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
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Frequently asked questions
Do I need planning permission for a dropped kerb?
It depends on the road. Class B of Part 2 of the GPDO 2015 permits a new access onto a road that is not a trunk road or a classified road, where the access is required for development permitted by another class. Onto an A, B or C road you need planning permission whatever the driveway looks like.
How do I find out if my road is classified?
The road number is a guide but not conclusive, because unnumbered roads can be classified as C roads. The highway authority holds the definitive record. Email the highways development management team and ask for written confirmation of the classification before designing anything.
Is section 184 consent the same as planning permission?
No. Section 184 of the Highways Act 1980 governs construction of the vehicle crossing over the footway or verge, and the highway authority sets the specification and often carries out the work. Planning permission does not authorise work in the highway, and the two are assessed by different teams.
Does front garden paving have to be permeable?
Where the hard surface sits between the principal elevation and the highway, Class F requires porous materials or provision to direct run-off to a permeable area within the curtilage. Impermeable paving draining to the road takes the work outside permitted development, so the drainage provision has to be built rather than intended.
What usually blocks a new driveway access?
A frontage too narrow to park clear of the footway, a street tree, lamp column, gully or telecoms chamber in the way, a loading restriction or bus stop, or a visibility splay that cannot be achieved. Apparatus can often be diverted at the applicant's cost, which may exceed the cost of the driveway.
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.