Do I need planning permission for a driveway in Milton Keynes?
By Terry O'Reilly, owner, 17 years on the tools. Updated . 4 min read.
Usually not. In England, since October 2008, new or replacement paving in a front garden does not need planning permission if the surface is permeable (or porous), or if the rain runs off it to a lawn or border to drain naturally on your own land. More than five square metres of traditional solid paving that drains to the road does need permission. Conservation areas and listed buildings can have extra rules, and a dropped kerb needs the council's approval separately.
What is the 2008 driveway rule?
On 1 October 2008 the government changed the rules on paving front gardens in England. Too many fronts were being concreted over, the rain had nowhere to go but the road, and the drains could not cope. The rule that came in is simple once you know it, and it has not changed since.
- If the new or replacement surface is permeable or porous, so rain soaks through it into the ground (gravel, permeable block paving, porous asphalt, resin bound on a permeable base), you do not need planning permission, whatever the size.
- If the surface is solid but the rain runs off it to a lawn or border to drain naturally on your own land, you do not need permission either. The government guidance also accepts directing the water to a soakaway.
- If the new surface is solid, covers more than five square metres, and the rain runs onto the road, you need planning permission.
Five square metres is small. One car space is roughly ten. So in practice the question is never how big the drive is. It is where the water goes.
The rule is on the Planning Portal under "paving your front garden" if you want to read it for yourself. It applies to houses, not flats.
Which driveways count as permeable?
This is where most of the confusion is, so here is how each material stands.
| Material | Permeable? | Permission needed? |
|---|---|---|
| Resin bound | Yes, when laid on a permeable base. Rain drains straight through the stone. | No on a permeable base, any size. Can be needed on an old solid base that drains to the road |
| Block paving | Standard block: no, it counts as a solid surface. A permeable block paving system: yes. | Permeable block: no, any size. Standard block over 5 square metres: only if it drains to the road |
| Tarmac | Standard tarmac: no. Porous asphalt: yes | No, if it slopes to a lawn or border, or a channel drain into a soakaway. Yes, if over 5 square metres drains to the road |
| Poured concrete | No | Same as tarmac |
| Gravel | Yes | No, but it walks into the house and onto the path |
Standard block paving on a sand bed lets a little water through the joints, but not enough to count as permeable, so the rule treats it as a solid surface. Over five square metres it needs to slope to a lawn or border (or a channel drain into a soakaway) on your own land, or it needs permission. Permeable block paving is different: wider joints and an open stone base let the rain through, so it needs no permission at any size. If you want the longer version, read whether a permeable driveway is worth it in Milton Keynes.
Do I need planning permission for a dropped kerb?
The planning rule and the dropped kerb are two different things, and people mix them up all the time. A dropped kerb is a change to the public footpath, so Milton Keynes City Council's highways team has to approve it whether or not the drive itself needs planning permission. Driving over a full-height kerb damages the path, and the council can refuse a crossing where the sight lines are bad or there is a lamp post, tree or junction in the way.
If you do not already have one, tell me when I visit. I have written a separate guide on how a dropped kerb works in Milton Keynes, and our dropped kerbs page covers what we do.
Would you rather just ask Terry?
A photo and a question on WhatsApp gets a straight answer, usually the same day.
What if I live in a conservation area?
Stony Stratford, Newport Pagnell and Olney all have conservation areas in their centres, and there are listed buildings in Wolverton and Woburn Sands. The 2008 rule still applies in a conservation area, but conservation areas and listed buildings can differ. The council can add an Article 4 direction, which takes away some of the things you would normally be free to do without asking.
In Milton Keynes the Wolverton conservation area has an Article 4 direction that covers new hard surfaces and front walls. Most other conservation areas here do not name driveways, but the safe approach is a quick email to the council's planning team before you start. If the house is listed you need consent for almost anything. There is a fuller guide on driveways in conservation areas.
What happens if I pave without permission?
The council can ask you to put it right, which usually means adding drainage, and it can come up on the searches when you sell the house. It is an easy problem to avoid. Laying a permeable surface, or draining a solid one to your own garden, costs no more than doing it wrong and means the question never gets asked.
How does Terry build a drive so the rule never comes up?
Terry plans every drive to drain into your own ground, not the road. Under the surface is 200mm to 250mm of compacted stone, and where the surface is not permeable we put in a channel drain across the front or a gentle slope to a soakaway. That is not an extra. It is how a drive should be built, and it is why a front drive in Bletchley or anywhere across Milton Keynes rarely needs an application.
If your house is in a conservation area, is listed, or needs a dropped kerb, say so when you ask for a quote and I will factor it in. The visit is free and the price is in writing. See the cost guide for what moves it.
