Introduction
A hardstanding is an area of ground that has been covered or constructed with a durable, hard surface to create a stable area for a particular use. Hardstandings are commonly used for driveways, vehicle parking, patios, paths, access areas, and other external spaces around a property.
The surface can be made from a range of materials, including gravel, block paving, concrete, asphalt, paving slabs, and other permeable or impermeable materials.
Although creating a hardstanding may appear to be a straightforward landscaping project, the planning implications can depend on where it is located, how it will be used, the type of surface proposed, and the property’s planning circumstances. This is particularly important when creating a new driveway or parking area in a front garden.
At Expert Planning Consultants, we help property owners assess proposed hardstanding works and establish whether planning permission is required, whether permitted development rights may apply, and what planning considerations need to be addressed before work begins.
What Is a Hardstanding Used For?
Hardstanding can serve several different purposes around a property.
Common examples include:
The intended use is important because a hard surface created simply as part of a garden may raise different planning considerations from one designed to provide vehicular access or additional parking.
For example, converting a front garden into a parking area can involve not only the hardstanding itself but potentially a new access, dropped kerb, boundary alterations, and surface-water drainage.
When Is Planning Permission More Likely to Be Required?
Planning permission may be required where the proposed hardstanding does not satisfy the relevant permitted development requirements.
This can include situations where:
This is why it is important to assess the whole proposal, rather than looking at the size of the hardstanding alone.
Why Does Drainage Matter?
One of the main planning considerations associated with hardstanding is surface-water drainage.
Replacing grass, soil, or planting with an impermeable surface can reduce the amount of rainwater that naturally soaks into the ground. During heavy rainfall, this can increase runoff into drainage systems or towards the public highway.
Government guidance on permeable front gardens explains that the rules were introduced to help reduce the impact of hard surfacing on flooding and pollution of watercourses.
This is why permeable surfaces can be particularly useful.
Examples include:
Alternatively, water from an impermeable surface may be directed towards an appropriate lawn, border or other permeable area within the property, where permitted by the relevant requirements.
Does a Driveway Count as Hardstanding?
Yes.
A driveway is one of the most common examples of hardstanding.
However, creating a driveway can involve more than simply changing the surface.
Depending on the circumstances, the project may also involve:
Each element should be considered when determining whether planning permission or another form of approval is needed.
For example, if a new vehicle access is being created across a pavement, approval from the relevant highway authority may also be necessary. The highway requirements are separate from the planning position of the hardstanding itself.
Expert Planning Consultants’ existing hardstanding guidance highlights that creating a new access across a footpath can require permission for the dropped kerb and that the pavement may need strengthening.
Hardstanding and Dropped Kerbs
A dropped kerb allows vehicles to cross the pavement between the highway and a property.
If you are creating a new driveway where no vehicle access previously existed, the dropped kerb should be considered as part of the wider proposal. Planning permission and highway approval are not necessarily the same thing.
The relevant highway authority may have its own requirements concerning:
Some roads may also be subject to additional restrictions.
Expert Planning Consultants has previously supported driveway and dropped-kerb projects, including applications where planning permission was granted for the construction of a driveway and dropped kerb.
Hardstanding for Parking
One of the most common reasons for creating a hardstanding is to provide additional parking.
For example, a homeowner may want to convert part of the front garden into space for one or more vehicles.
When assessing this type of proposal, it is useful to consider:
Is there already vehicle access?
If not, a new access and dropped kerb may be required.
How much of the garden will be covered?
The size and location of the proposed hardstanding can affect the planning position.
What surface will be used?
The permeability of the proposed material can be important.
Where will rainwater go?
Surface water should be managed appropriately rather than simply being allowed to run onto the highway.
Can You Create Hardstanding in a Conservation Area?
You should not assume that the normal permitted development position automatically applies in every location.
Conservation areas and other designated areas can have additional planning controls, and Article 4 Directions can remove specified permitted development rights.
This means that the property’s location should be checked before work begins.
A hardstanding project that would normally fall within permitted development may therefore require planning permission if a restriction applies to the property.
Hardstanding for Flats and Maisonettes
The permitted development rights discussed above are primarily relevant to houses.
They do not provide the same allowance for flats and maisonettes. The Planning Portal specifically states that the relevant householders’ permitted development allowances do not apply to flats and maisonettes.
If you live in a flat or maisonette and want to create or substantially alter an area of hardstanding, you should therefore establish the planning position before starting work.
The ownership arrangement can also be relevant because the land may form part of shared or communal space rather than being exclusively within the property’s curtilage.
What Happens If You Build Hardstanding Without Planning Permission?
If planning permission was required and the works were carried out without obtaining it, the local planning authority may investigate.
This can create problems if the authority considers that the development is unauthorised.
Depending on the circumstances, the property owner may need to consider retrospective planning permission or other steps to resolve the planning position.
If the development cannot be regularised, enforcement action can potentially require the unauthorised works to be altered or removed. This is why establishing the planning position before construction is preferable.
Expert Planning Consultants’ hardstanding guidance similarly recommends obtaining advice where there is uncertainty, particularly to establish whether planning permission is required and whether the proposal is feasible.
Common Hardstanding Mistakes to Avoid
Assuming every hardstanding is a permitted development
Permitted development rights have conditions and limitations. You should not assume that a small project automatically qualifies.
Focusing only on the five-square-metre rule
The 5 square metre threshold relates to a specific condition concerning hard surfaces between the principal elevation of a house and a highway. It does not mean that every hardstanding larger than 5 square metres automatically needs planning permission.
Ignoring drainage
A suitable surface-water strategy can be an important part of a compliant proposal.
Forgetting about the dropped kerb
Creating parking space does not automatically give you the right to create a new vehicle access across the pavement.
Assuming a rear hardstanding has exactly the same rules as a front driveway
The planning rules distinguish between certain front-garden hard surfaces and hard surfaces elsewhere around a house.
Do You Need a Lawful Development Certificate for Hardstanding?
A Lawful Development Certificate (LDC) is not automatically required simply because you are creating a hardstanding.
However, where you believe the proposal benefits from permitted development rights, obtaining an LDC can provide formal confirmation of its lawfulness for planning purposes.
This can be useful where you want greater certainty, particularly if you may sell the property in the future or want documentary evidence that the development was lawful.
Expert Planning Consultants recommends considering a Lawful Development Certificate where proposed works are likely to fall within permitted development.
How Expert Planning Consultants Can Help
A hardstanding may appear simple, but the planning position can depend on several factors.
At Expert Planning Consultants, we can assess your proposed hardstanding and help establish the appropriate planning route.
Our planning advice can consider:
If planning permission is required, we can also advise on the application process and the information needed to support your proposal.
Our Planning Permission service provides further information about how we support clients with planning applications.
Frequently Asked Questions
What is a hardstanding?
A hardstanding is a durable, hard-surfaced area of ground created for a particular purpose, such as parking, vehicle access, patios, paths or external storage.
Does a hardstanding need planning permission?
Not necessarily. Certain hard surfaces within the curtilage of a house can benefit from permitted development rights, subject to specific conditions and limitations. The property’s location and planning restrictions also need to be considered.
Do I need planning permission for a driveway?
Not always. For example, certain front-garden driveways can fall within permitted development where the relevant requirements are met. Permeability and surface-water drainage are particularly important where more than 5 square metres are involved.
Can I pave my entire front garden?
You should not assume that you can simply pave the entire front garden without planning permission. The relevant permitted development conditions concerning hard surfaces and drainage need to be satisfied.
Is gravel considered hardstanding?
Yes. Gravel can be used as a hardstanding surface and can also provide a permeable surface, depending on its construction and drainage arrangement.
Do flats have the same permitted development rights for hardstanding?
No. The relevant household permitted development allowances for hard surfaces do not apply to flats and maisonettes in the same way they apply to houses.
Do I need permission for a hardstanding at the rear of my house?
The rules can be different from those applying to front gardens. The Planning Portal states that, elsewhere around a house, there are generally no restrictions on the area that can be covered by hard surfaces at or near ground level, although significant embanking or terracing may require a planning application.
Can Expert Planning Consultants advise whether my hardstanding needs planning permission?
Yes. At Expert Planning Consultants, we can assess your proposal and advise on whether planning permission, permitted development or a Lawful Development Certificate may be appropriate for your circumstances.
Get Planning Advice for Your Hardstanding Project
A hardstanding can be a practical way to create parking, improve access, or make better use of an external area. However, the planning position depends on more than simply the size of the proposed surface. The location, type of surface, drainage arrangements, property type, and any restrictions affecting the site can all influence whether planning permission is required.
If you are unsure about the planning position of your proposed driveway, parking area, patio, or other hardstanding, getting professional advice before starting work can help you avoid unnecessary planning problems later.
Contact us today to discuss your proposed hardstanding with our planning consultants. At Expert Planning Consultants, we can assess your project, advise on the relevant planning requirements, and help you determine the most appropriate route forward.