Do I Need Planning Permission for a Dropped Kerb?
Usually YES
In most cases, YES — creating a new vehicle access to the highway (dropped kerb) requires permission from your local Highways Authority, and may also need planning permission.
Keep reading for the full rules.
Creating a vehicle access onto the public highway — which requires a dropped kerb — is regulated not just by planning law but also by highway law. You need approval from the local Highways Authority (usually the county council or unitary authority) and may also need planning permission.
Permitted Development Rules by Region
Permitted Development Rules — England
- ✓A dropped kerb for vehicle access to a property is generally permitted development under Class F of the GPDO 2015, provided it is not on a classified road (A, B, or C road).
- ✓On classified roads, planning permission is required in addition to Highways approval.
- ✓Highways approval (a licence from the council as highway authority) is always required.
- ✓The work must usually be carried out by a council-approved contractor.
- ✓The new driveway hardstanding must comply with the drainage rules (permeable surfaces recommended).
Size & Position Limits (England)
| Requirement | Limit / Rule |
|---|---|
| Classified roads (A, B, C) | Planning permission AND Highways approval required |
| Unclassified roads | Usually Highways approval only (PD for planning) |
| Highways licence | Always required — applied for via the council |
| Conservation areas | Additional planning checks may apply |
When Do You Need Planning Permission?
Even if your project is usually permitted development, planning permission is required in these circumstances:
- ✗You always need Highways Authority approval for a dropped kerb.
- ✗Planning permission is also required if your access is onto a classified road.
- ✗Listed buildings and conservation areas may require additional consents.
What Happens If You Build Without Permission?
An unauthorised dropped kerb can result in the council reinstating the kerb at your expense and potentially prosecuting under highway law.
Enforcement notices: Your council can issue an enforcement notice requiring you to stop the work, remove it, or restore the land to its original condition. You have a right of appeal against an enforcement notice.
Retrospective applications: If you have already carried out work that required planning permission, you can submit a retrospective planning application. If approved, this regularises the work. If refused, you may be required to remove it.
Time limits: For dwelling houses, the council generally has 4 years to take enforcement action for most types of work. For breaches of planning conditions, the time limit is 10 years. There is no time limit for listed building enforcement.