Turning Front Garden into Driveway

I've recently sent the council my application for turning my front garden into a driveway.

I will be using a council approved company to do the work required but I'm wondering if there is something I have not thought of, which is important?

I'm not sure if I will be having tarmac or stone paving. I really would like something that allows the rain to filter through?

I'm thinking of having a bollard fitted for security.

I would like to have some sort of roof to protect from bird droppings.  Is this even possible?

Anything else I should be thinking about?
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  • Section62
    Section62 Posts: 9,368 Forumite
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    edited 17 March 2024 at 4:45PM
    I've recently sent the council my application for turning my front garden into a driveway.

    I will be using a council approved company to do the work required but I'm wondering if there is something I have not thought of, which is important?

    I'm not sure if I will be having tarmac or stone paving. I really would like something that allows the rain to filter through?

    I'm thinking of having a bollard fitted for security.

    I would like to have some sort of roof to protect from bird droppings.  Is this even possible?

    Anything else I should be thinking about?
    Partly depending on the surface you use (less of an issue with permeable surfaces) you (will/) may need planning consent for the parking area.  This is separate to getting consent for the dropped kerb/crossover.  If the road is classified (A,B, or C) then you'll need planning consent for the opening onto the road.

    If you want a roof then you'd definitely need planning if it is in front of the house, or may need planning consent if it was at the side or rear.

    Be careful with bollards of the folding type - when folded down they can be a trip hazard (for you or anyone who comes onto your property)
  • theoretica
    theoretica Posts: 12,690 Forumite
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    My understanding is that there are two separate issues - one is dropping the kerb and permission to drive across the pavement, maybe white line needed. They may also care about whether you have room to both drive into your property forward and leave driving forward, especially on busy roads. The other issue is alteration to your garden which may need planning permission (paving more than a certain area I think needs it, a roof almost certainly will, changing boundary walls might, especially if you are in a conservation area).  Permission for one aspect does not imply permission for the other.
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  • Section62
    Section62 Posts: 9,368 Forumite
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    My understanding is that there are two separate issues - one is dropping the kerb and permission to drive across the pavement....
    Yes, two different issues, three if you include the formation of a new means of access to a classified road.

    Technically/legally there is no need for 'permission' to drive over the footway (pavement).  The legal situation is a case of asking the council to drop the kerb and do whatever associated work they consider necessary so that driving onto/off the parking area won't result in damage to the highway - typically the council replaces the footway construction with a strengthened crossover.
  • Thanks for the replies.
  • Brie
    Brie Posts: 14,274 Ambassador
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    Are there any drains or cables under the ground where you intend the drive to be?  That might influence what finish you go for.  If something needs to be dug up in 2 years it would be great to not have to redo the entire drive.
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  • Emmia
    Emmia Posts: 5,293 Forumite
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    Section62 said:
    My understanding is that there are two separate issues - one is dropping the kerb and permission to drive across the pavement....
    Yes, two different issues, three if you include the formation of a new means of access to a classified road.

    Technically/legally there is no need for 'permission' to drive over the footway (pavement).  The legal situation is a case of asking the council to drop the kerb and do whatever associated work they consider necessary so that driving onto/off the parking area won't result in damage to the highway - typically the council replaces the footway construction with a strengthened crossover.
    Driving on the footway (and using a mechanically propelled vehicle) is illegal (as is cycling, using an e-scooter, unless in a trial area, and a rental, not your own) - so unless you get a dropped kerb accessing your driveway you would be breaking the law.

    S.184 of the Highways Act 1980
  • It might be also worth considering a charging point, I don't know if that gets you any preferential treatment from your council but it may be an advantage if you ever consider selling. 
  • CaptainRock
    CaptainRock Posts: 52 Forumite
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    edited 17 March 2024 at 7:58PM
    https://www.classicadditions.com

    I really want to protect the car from bird droppings.  Instead of a roof of some sort (which I really wanted), the next best will be a full cover for the car.
    I came across the above website.  Good quality and not too expensive either.
    It will be a pain having to put the cover on and taking it off, but having bird muck on the car would really get on my nerves!
  • Section62
    Section62 Posts: 9,368 Forumite
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    Emmia said:
    Section62 said:
    My understanding is that there are two separate issues - one is dropping the kerb and permission to drive across the pavement....
    Yes, two different issues, three if you include the formation of a new means of access to a classified road.

    Technically/legally there is no need for 'permission' to drive over the footway (pavement).  The legal situation is a case of asking the council to drop the kerb and do whatever associated work they consider necessary so that driving onto/off the parking area won't result in damage to the highway - typically the council replaces the footway construction with a strengthened crossover.
    Driving on the footway (and using a mechanically propelled vehicle) is illegal (as is cycling, using an e-scooter, unless in a trial area, and a rental, not your own) - so unless you get a dropped kerb accessing your driveway you would be breaking the law.

    S.184 of the Highways Act 1980
    It is S72 of the 1835 Act which creates the offence of riding/driving "upon any footpath or causeway...".

    The offence in S184 of the 1980 Act is where there is a "contravention of any condition imposed under subsection (1)(b) [of that section]..." - in other words where the Highway Authority has served a notice "imposing such reasonable conditions on the use of the footway or verge as a crossing as may be so specified.".

    Lots of councils claim S184 has the effect you describe, but it doesn't.  There's a common law right to access a highway (excluding special roads) from land adjacent to the highway, so an offence is unlikely to occur if the vehicle is driven across the footway to gain lawful access to the property.  Furthermore, the construction of a dropped kerb/crossover doesn't change the status of the footway - it remains footway.  So if it were illegal (under the 1835 Act) to drive across the footway to gain access to property without a dropped kerb then it would also be illegal to do so with a dropped kerb.

    The OP needs to apply for a dropped kerb because otherwise the council are likely to serve notice under S184, but this isn't a 'permission'. It is work(or conditions) the council consider necessary to avoid damage to the highway.
  • twopenny
    twopenny Posts: 7,250 Forumite
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    You also need good sight line from your garden (as you're pulling out) so that any pedestrians, cyclists, scooters etc can be seen by you and that they can see you.

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