Dropped Kerb – do I need planning permission?

 

Once you create a new driveway on your newly refurbished home, you might need to have a dropped kerb installed. Do you need planning permission for this? What are the rules? 

This article aims to answer all your questions. 

The footway or pavement outside your home is part of the footway and whilst it might be permissible to park on it partially (without blocking it for pedestrians), you are not allowed to cross it with a vehicle unless you have a dropped kerb. The Highways Act 1980 states that vehicles shouldn’t be driven over the footway (pavement) unless a vehicle crossing (dropped kerb) is installed to prevent damage to the pavement and anything underneath it.

Therefore you need to request permission. This is via the highways authority and not the planning authority. In many areas, this is the county council as opposed to the local council. Where these are combined, you still need to approach the highways department. Creating of the dropped kerb might be undertaken by the highways department or approved contractors. This varies from area to area.

Note that this is often in conjunction with creating a new means of access to a property under Class B of Part 2 of the GPDO. If there isn’t any land between your property and the highway, you may be good to go. Note that if you cross any other land before the highway or road, you may need their permission. Creating a new driveway or hardstanding is permitted development in many cases, except flats. 

 

 

 

 

Where do I need planning for a dropped kerb?

 

If your property is on a classified road, you will need planning permission. This is because Class B doesn’t apply here. A classified road is either an A, B or C road. You can use Find My Street to see if your road is classified.

You will also need planning in a Conservation area, if you are going to remove a wall, fence or pillar that is higher than 1m. If the wall is 1m or less, then no planning is required in a conservation area (provide the road isn’t classified)

If the property is listed, planning will be required if the wall or fence is pre-1948 as this would then be curtilage listed. 

If an Article 4 is in place removing the ability to create a hard standing, then planning may well be required for this. 

Finally if structural works or engineering works are required, planning is likely. For example digging out. large volume of earth and building a retaining wall, although technically this relates to the creation of hard standing. But there is little point in having a vehicle crossing if you can’t park!

If the property was created as a result of Class G, M, MA, N, P, PA or Q, then you will not have permitted development rights to a hard standing, which then makes a new means of access hard and planning is likely. 

It is worth noting that removal of trees or street furniture might prevent the dropped kerb or make the cost prohibitive. Every site is different. 

Where planning is required the local authority may look at highway safety and pedestrian safety along with street scene etc.

 

Where do I not need planning for a dropped kerb?

 

Essentially if your site isn’t included in the section above, planning should not be required for a dropped kerb. 

You are unlikely to need planning if you have a field or commercial operation unless caught be one if the issues in the section above. Class B for a new access applies to any type of site. Hard standing might be covered under permitted development. See Class F for residential; Class E for commercial; Class N for schools, colleges, universities and hospitals; Class J for industrial and storage etc; and Class D for Crown Buildings. Remember Class B (new access) must be in conjunction with a permitted development right where creation of that access is required for the PD right.

You may not need planning for a kerb in a conservation area, unless you are removing a wall or fence higher than 1m or if Class B of Part 11 rights are removed for removal of a wall.

You also may not need planning for a dropped kerb for a listed building unless the wall or fence to be removed was built pre-1948 and is therefore curtilage listed.

In summary, provided Class B of Part 2 isn’t blocked for you, then planning should not be required. It is valid for fields, commercial, shops and everything in between. There are no exemptions unless removed via an Article 4.

 

Other thoughts

Any dropped kerb needs to be on conjunction with a means of access to a highway. This is normally permitted development under Class B of Part 2 of the GPDO.

Class B of Part 2 of the GPDO must be in connection with a permitted development right, where a means of access is required.

This is usually hard standing for parking of a vehicle. Which is usually PD.

If this was a field, then temporary use of the land is a PD right that might require means of access to a highway, assuming another suitable one doesn’t exist. For a residential dwelling it might be hard to argue that painting of a house needs means of access to a highway – so we are back to a hard surface for parking. 

That parking area ought to be large enough to be able to park a car – whilst it might be big enough for your mini, does it meet the parking standards for the local authority for perhaps parking a 4×4 for a future resident?

Just because it is a listed building or in a conservation area, doesn’t mean that it isn’t possible – you just need to meet the criteria for permitted development rights. Neither Class B (access) or Class F (driveways/ hard standing) are blocked in either a listed building or conservation area. Whether listed building consent is required might be a debatable point.

 

Certificate of Proposed Use or Development

 

If you are concerned about whether you can have a dropped kerb for your home or business, you might wish to submit an application for a certificate of proposed use or development. Planning Geek can assist you with this application if required.

We hope that the local authority will comply with legislation, but sometime we do need to force it with a certificate of lawfulness. Planning Geek can help. 

Please complete this form if we can help you.

 

 

 

 

 

 

Updated: 18th February 2026

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