Planning permission for front gardens

Published on 20 July 2011

Epping Forest District Council is reminding residents that should they wish to hard-surface their front garden, planning permission may be required.

The removal of front gardens and their replacement with flat, hard surfaces increases water run-off when it rains. This water flows onto neighbouring land, particularly onto roads and then goes into a drain system not designed to cope with extra water and so flooding is made worse. These hard surfaces also soak up heat during the day and then release it into the environment at night. This contributes to the overall warming of the environment which is thought to be at least partly responsible for the increase in cloud cover in the UK and potential for heavy storms.

In addition, paving over of front gardens impacts on wildlife and biodiversity. Insects and other small organisms lose their environment so there is less food for mammals and birds. Spillages of petrol, diesel and other contaminants go straight into the drains and end up poisoning streams and rivers.

Planning permission

Planning permission is needed for laying traditional, impermeable driveways (such as concrete) greater than five square metres in area that does not provide for the water to run to a permeable area within your property. Scaled drawings and fee (currently £150) must be submitted to the Council. If acceptable, you must await the grant of planning permission decision notice before starting work, otherwise the Council might prosecute should planning permission be retrospectively refused. This can take up to eight weeks and unless there is adequate provision to allow for drainage, planning permission is likely to be refused.

In most cases, you will not need planning permission if you use permeable (or porous) surfacing, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border within your property to drain naturally.

Guidance on the permeable surfacing of front gardens (pdf 710 KB)

Dropped kerbs

You will require planning permission should you wish to create a new, or extend the width of an existing, dropped kerb to your property if the driveway will go onto a classified road (‘A’ and ‘B’ roads, main routes and often country lanes). Essex County Council must separately agree to the crossing, even if you do not need planning permission.

Visit Essex County Council vehicle crossings website