The Core Rule Explained

Since 1 October 2008, permitted development rights for hard surfaces in front gardens require those surfaces to be permeable — or to direct run-off to a lawn or border. Any non-permeable hard surface over 5m² in the front garden requires planning permission.

• Permeable surface of any size: Permitted development
• Non-permeable surface, 5m² or less: Permitted development
• Non-permeable surface, over 5m²: Planning permission required

Why the Rule Changed in 2008

By 2008, over half of front gardens in cities were covered with hard surfaces, overloading urban drainage systems and contributing to flash flooding. The government introduced the permeable surfacing requirement as an amendment to permitted development rights rather than creating a new planning application category.

The 5m² Exception

5m² is approximately 2m × 2.5m — too small for a car parking space. In practice, the exception only benefits very small paved areas such as paths. Any driveway will exceed this threshold.

What Counts as Front Garden?

• Rear gardens: No restriction
• Side gardens facing a road: Treated as front garden
• Side gardens not facing a road: Treated as rear garden
• Gated off-road parking behind rear fence: Treated as rear garden

Permeable Options in Detail

Popular permeable options: gravel (£15–40/m²), resin-bound gravel (£50–120/m², most popular for driveways), permeable block paving (£60–100/m²), grass reinforcement mesh (£20–50/m²).

Impermeable Paving: Getting Planning Permission

Submit a householder planning application via planningportal.co.uk. Fee: £548 (from 1 April 2026). Typically determined within 8 weeks. Most straightforward applications in non-sensitive areas are approved.

Do Existing Driveways Need Retrofitting?

No. The rule only applies to new surfaces laid after October 2008. Existing non-permeable driveways do not need to be changed. However, complete replacement of an existing driveway is treated as new construction and the permeable rules apply.