The rule in brief
| Situation | Planning permission? |
|---|---|
| Permeable surface, any size | No |
| Non-permeable, drains to lawn, border or soakaway on your land | No |
| Non-permeable, over 5m², drains to road or public drain | Yes |
| Conservation area with an Article 4 Direction | Check; often yes |
This comes from the government's guidance on permeable surfacing of front gardens, introduced in 2008 to reduce surface water flooding.
Permeable options
- Gravel on a free-draining base.
- Resin-bound on a porous base.
- Porous tarmac with an open-graded stone base.
- Permeable block paving, with wider grit-filled joints over an open-graded base.
All of them need a base that lets water pass through. A permeable top on a sealed base is not permeable.
Draining to the garden
A conventional surface can comply if it falls towards a lawn, border or rain garden, or into a channel drain that feeds a soakaway on your land. The water must not run across the footway.
Clay ground
Much of the land around Billingham sits on clay soils that drain slowly. A soakaway on clay may need to be larger, or may not work at all, so a percolation test is worthwhile before relying on one. Permeable paving with a deep stone base can store water and release it slowly, which helps.
Gullies and the footway
Water running off a drive onto the pavement can freeze in winter. Even where planning is not an issue, a drive should keep its water on your side of the boundary, usually with a fall towards the house's garden and a channel at the boundary if needed.
Common questions
Is a 4m² path affected?
No. The rule applies to front-garden hard surfaces over 5m².
Does the rule apply to back gardens?
No. It is specific to land between the house and the highway.
Do I need Building Regulations approval?
Not usually for a drive, but drainage connections to public sewers need consent.
Will a channel drain to the road gully do?
No. Draining to the road is exactly what the rule is designed to stop.