Do I Need Permission for a Driveway

Do I Need Permission for a Driveway

I own a property under South Lanarkshire Council, when i bought the property the front garden was already paved but i was told by the council I could not use it as a driveway due to space between my house and the pavement. However, several people in the area with same space have converted theirs into driveways and I looking at the deeds I actually own from the front of my house out onto the road. Do you need permission for this?

Thanks
Carrie

  1. Do I Need PermissionDo I Need Permission01-06-2013

    Hi Carrie.

    Below is the extract from “The Town and Country Planning Order, Permitted Development” 2011. Which notes the requirement for the formation of a new driveway (hard standing) within the curtilage of a dwelling.

    Class 3C.-(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.
    (2) Development is not permitted by this class if it would be within a conservation area or within the curtilage of a listed building.
    (3) Development is permitted by this class subject to the condition that where the hard
    surface would be located between the dwellinghouse and a road bounding the curtilage of the dwellinghouse-
    (a) the hard surface must be made of porous materials; or
    (b) provision must be made to direct run off water from the hard surface to a
    permeable or porous area or surface within the curtilage of the dwellinghouse.

    The only problem you may have is if you wanted the council to install a dropped kerb, the councils road department (which is separate from the planning department) will have restriction of the size of drive they find acceptable. This is likely to exclude any footpaths even if the footpath was in your ownership.

    Generally I would recommend aporox 5 metres depth for a driveway minimum.

    Hope this helps.

    Thanks for using Do I Need Permission

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