The five square metre rule
Since October 2008, paving over a front garden in England has had its own rule. Laying a new or replacement hard surface on a house's front garden is permitted development, so it needs no planning application, as long as one of these is true:
- the surface is permeable, such as permeable block paving, resin-bound on a porous base, or gravel; or
- rainwater from it runs onto a lawn, border or soakaway within your own boundary; or
- the impermeable area is five square metres or less.
If you want more than five square metres of traditional, impermeable paving or tarmac that drains straight onto the road, you need planning permission. The point of the rule is to stop rainwater pouring off front gardens into drains that can't cope.
On most Durham drives this is easy to plan around. We either choose a permeable surface or lay the drive to fall towards a border or a soakaway. On clay, which covers much of County Durham, soakaways drain slowly, so a permeable surface or a generous planted border is often the simpler answer.
Back and side gardens are treated more loosely: a hard surface there is usually permitted development whatever it is made of, unless the home is listed or the rights have been removed.
Flats and maisonettes
Permitted development rights for hard surfaces apply to houses. Flats and maisonettes don't have them, so a new parking area in front of a flat needs planning permission, and usually the freeholder's consent too. If you own a flat in Durham and want parking, talk to the council and the freeholder first.
Conservation areas
Durham has many conservation areas, from the large Durham City conservation area around the centre to village ones such as Shincliffe, Sherburn, Brandon and Brancepeth. The 5m² rule still applies in them, but there is more to think about:
- Article 4 directions. A council can remove some permitted development rights in a conservation area with an Article 4 direction. Check whether one covers your street before you start.
- Walls and gates. Knocking down a front wall in a conservation area can need permission, and new walls or gates are judged on how they look in the street.
- Trees. Trees in a conservation area are protected. You must give the council six weeks' notice before cutting down or lopping most trees, which matters if a tree stands where the drive would go.
The castle and cathedral at the heart of the city are a World Heritage Site, inscribed in 1986, so the council looks especially carefully at changes in the streets around the peninsula.
Listed buildings
If your home is listed, works that affect its character or its setting can need listed building consent, even when ordinary planning permission isn't needed. That can include taking down an attached boundary wall, altering steps or railings, or changing a historic surface. Several streets in Gilesgate, Shincliffe and the city centre have listed houses. Planning Data's map shows listed buildings and conservation areas for any address.
Walls, gates and fences
Under the national rules, a new wall, gate or fence next to a road used by vehicles can usually go up to one metre high without planning permission, and up to two metres elsewhere. Taller gate piers or walls beside the pavement need an application. Remember that gates should open inwards, not over the footway.
The kerb is separate
Planning and the kerb are two different things. Even when your drive needs no planning permission, you can't drive across the pavement without a vehicle crossing approved by Durham County Council. The council licenses every new or extended crossing for a fee of £171, paid once a contractor has been arranged and before work starts, and there is no fee if it refuses. Its approval letter lists registered contractors. Our kerb dropping page explains the process.
A new access onto an A, B or C road can also need planning permission, because permitted development only covers access to unclassified roads. On busy routes such as the A167, A690 or A177, the council looks closely at visibility and safety.
Covenants and landlords
Some Durham estates, especially open-plan ones such as parts of Newton Hall, have covenants in the deeds about front gardens. These are legal rather than planning matters, but worth checking. If you rent, you need your landlord's written permission whatever the planning position.
How we handle it
When we visit, we look at the size of the drive, where the water will go and whether your home is in a conservation area or listed. Most drives can be designed to stay within permitted development. If something does need an application, we will tell you before you commit to anything.
Sources: GOV.UK: permeable surfacing of front gardens; General Permitted Development Order 2015, Schedule 2; Durham County Council: vehicle access over kerbs; Planning Data; UNESCO: Durham Castle and Cathedral.