Do you need planning permission for a dropped kerb?

The planning side

B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part).

Three things follow from those words.

1. Classified roads are out. A "classified road" is one classified under section 12 of the Highways Act 1980 (article 2(1) of the Order). Article 3(6) repeats the point: no permitted development authorises forming or materially widening an access to a trunk road or classified road. Ask the highway authority whether your road is classified.
2. The access must serve other permitted development. Class B works with Class F. If the parking area needs planning permission, for example an impermeable front drive over 5 square metres that drains to the road, the access needs it too: see driveways.
3. A fence or wall does not count. The words "other than by Class A of this Part" mean an access needed only for a new gate or wall is not covered.

Article 3(6) also excludes development that obstructs the view of people using a road so as to be likely to cause danger, so an access where a wall or hedge blocks drivers' view can fall outside permitted development.

The highways side

Section 184 of the Highways Act 1980 governs vehicle crossings over a kerbed footway or verge.

(11) Any person may request the highway authority for a highway maintainable at the public expense to execute such works as are specified in the request for constructing a vehicle crossing over a footway or verge in the highway, and the authority may approve the request with or without modification, or may propose alternative works or reject the request;

If the authority approves, it sends you a quotation, and once you pay the amount quoted it must carry out the works (section 184(12) and (13)). In deciding, it must have regard to preventing damage to the footway or verge, safe access and egress, and the passage of traffic (section 184(5)). Your council's website sets out its process: GOV.UK links to it by postcode.

Driving over the kerb without a crossing is not a way round this. If you habitually do so, the authority can serve notice that it will build a crossing and recover the cost from you, or impose conditions on your use of the footway (section 184(1) and (7)). Breaking those conditions is an offence (section 184(17)).

What this means for you

• Check the road's status and the highway authority's criteria before designing the drive.
• Design the parking surface to meet Class F, so the access can rely on Class B.
• Allow for both processes in your programme. They run separately.

The permitted development checker takes you through the planning side; the crossing over a public footway or verge is for the highway authority.

Getting certainty

A lawful development certificate under section 192 of the Town and Country Planning Act 1990 confirms that the proposed access and parking area are permitted development; the council has 8 weeks to decide. It gives you written evidence that the planning side is settled before you approach the highway authority. See lawful development certificates.