Do You Need Planning Permission for a Resin Driveway?

The 2008 Drainage Rules — What You Need to Know

In 2008, the Government introduced rules for England aimed at reducing surface water flooding. These rules specifically affect front garden driveways and hard standings. The key principle is straightforward:

Any new hard surfacing over 5m² on a front garden or drive that is not permeable requires planning permission.

This means that if you want to pave over your front garden with a solid, non-permeable surface (such as resin bonded, concrete, tarmac without drainage, or block paving without suitable joints), planning permission is required unless drainage is directed to a planted area.

However, permeable surfaces are exempt from this requirement under permitted development rights, provided certain conditions are met.

How Resin Bound Complies

A properly installed resin bound driveway is a permeable surface. Rainwater passes through the voids between the aggregate pieces, through the sub-base, and into the ground below. This is sometimes called a SuDS-compliant surface (Sustainable Drainage System).

Because resin bound is permeable:

• It satisfies the 2008 drainage rules for front driveways
• It falls within permitted development rights for most properties
• Planning permission is not normally required (subject to the exceptions below)

When Planning Permission IS Required

Even with a permeable surface like resin bound, planning permission may still be required in the following circumstances:

1. Conservation Areas

If your property is within a designated conservation area, permitted development rights are restricted. Any new or replacement driveway surfacing may require planning consent, regardless of whether it's permeable. Contact your local planning authority for confirmation before commissioning any work.

2. Listed Buildings

Properties with listed building status require Listed Building Consent for any external works, including driveways. This applies regardless of the type of surface. Speak with your local Historic Environment officer early in your planning process.

3. Flats and Properties with Existing Restrictions

Properties that are flats, maisonettes, or have had permitted development rights removed by a previous planning condition may not benefit from the standard exemptions. Check your property's planning history via your local council's planning portal.

4. Driveways That Involve New Vehicle Access

If creating a new driveway requires a dropped kerb or a new access point onto a classified road (an A, B, or C road), you will need consent from the local highway authority regardless of the surface material. This is separate from planning permission.

5. Resin Bonded Surfaces (Non-Permeable)

A resin bonded surface is not permeable and does not satisfy the drainage exemption. If the area is over 5m², planning permission is required unless adequate drainage directs water to a lawn or planted area. This is one of the most compelling practical reasons to choose resin bound over resin bonded for front driveways.

SuDS Requirements — England

Sustainable Drainage Systems (SuDS) are increasingly being incorporated into planning policy across England. The Government has signalled that SuDS requirements will become more widespread in new developments, and this is already a material planning consideration in many areas.

For residential driveways specifically:

• A resin bound driveway with a suitable permeable sub-base naturally satisfies SuDS principles
• Water infiltrates into the ground, reducing runoff into drains and watercourses
• This helps protect against flash flooding and reduces pressure on sewer systems

Always ensure your installer uses a permeable sub-base material (typically 6mm clean angular stone or a proprietary permeable cell system) to maintain the system's drainage performance.

Dropped Kerbs and Highway Access

If your project involves creating or modifying access to the public highway (a dropped kerb), you must obtain approval from your local highway authority (usually your county council or unitary authority). This is a separate process from planning permission and typically involves:

• An application to the highways department with plans of the proposed access
• A fee (typically £200–£500 depending on the local authority)
• Work being carried out by approved contractors or the highway authority itself
• Inspections at various stages

Most reputable driveway installers will advise you on dropped kerb requirements as part of their survey process.

How to Check for Your Property

If you're uncertain whether your specific project requires planning permission, here's what to do:

1. Check if your property is in a conservation area — use your local council's online map or the Historic England National Heritage List.
2. Check if your property is listed — search the Historic England National Heritage List for England (NHLE).
3. Review your title deeds — check for any planning conditions that may restrict permitted development rights.
4. Contact your local planning authority — most councils offer pre-application advice (often free for minor domestic queries).
5. Ask your installer — experienced resin driveway contractors will be familiar with local planning requirements and can flag any concerns.

When in doubt, always check with your local planning authority before starting work. Installing a driveway without required permission can result in enforcement action and a requirement to remove the surface at your own cost.

Summary: Do You Need Permission?