Dropped kerbs and driveway rules across the North East

Dropped kerbs are a highways matter, not planning

A dropped kerb — lowering the kerb and footway so a vehicle can cross onto a driveway without damaging the pavement — is authorised by your local authority's highways team as a vehicle crossing (or 'vehicle access') application, separate from planning permission.

Each of the four local authorities in this area runs its own vehicle crossing application process, and each will assess things like visibility splays, the presence of street furniture, trees or utility apparatus, and whether the road is a bus route or has other restrictions before agreeing to the work.

Why the footway work must be done by an approved contractor

The footway and kerb are public highway, not part of your property, even though they sit right outside your house. For that reason, the actual lowering of the kerb and reinstatement of the footway has to be carried out by a contractor approved by the relevant council, working to its specification for materials and depths.

This matters because a badly reinstated footway is a trip hazard the council will hold someone accountable for, and unauthorised or non-compliant work can be required to be redone at the homeowner's cost. We can talk through the process with you, but the crossing itself is arranged through the council's approved contractor scheme, not carried out independently.

The 5 square metre rule for front-garden paving

Separately from the kerb itself, paving over a front garden is covered by permitted development rules on impermeable surfacing. If the area being paved is more than 5 square metres, the work only stays within permitted development (i.e. without needing a separate planning application) if the surface is permeable — allowing water to drain through it — or if the water is directed to a lawn, border or a soakaway rather than running off to the public highway.

Below 5 square metres, this restriction doesn't apply, but it's still good practice to manage rainwater sensibly rather than letting it sheet off onto the pavement or road.

• Under 5m² of front paving: no drainage restriction under permitted development
• Over 5m²: needs permeable paving, or run-off directed to a soakaway or planted area
• Dropped kerb: separate application to your local highway authority
• Footway lowering work: must be carried out by an approved contractor, not DIY

What counts as permeable

Options that satisfy the permeable requirement include permeable block paving laid with an open-graded sub-base and jointing that lets water pass through, resin-bound surfacing laid on a permeable sub-base, and gravel. A conventional impervious surface like standard tarmac or sealed block paving needs the water directed elsewhere instead.

We design driveways to meet this from the outset where the area is over 5m², so you're not left trying to retrofit drainage after the paving is down.

Where to start

If you're planning a new dropped kerb, the practical first step is contacting the highways team at your relevant council (Newcastle, Gateshead, North Tyneside or Northumberland) to confirm the vehicle crossing process and any site-specific restrictions before committing to a design.

We can advise on the paving side — surface choice, drainage design and layout — while the crossing application itself sits with the council.