Driveway construction and paving over front gardens

Please note that Cumberland Council reserves the right to modify vehicle crossings as needed, for example in the event of change of use of a property which render the crossing unnecessary or to make changes to on-street parking. In the event of any proposed changes, advance notice will be provided, and all work will be carried out at the Council's expense.

We will communicate any adjustments through both email and letter to keep affected parties fully informed

If you have any questions about this discretionary right or how it may impact your access, please feel free to contact the Streetworks team. 

When you need planning permission

If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways (standard block-paving, ‘tarmac’, concrete or sealed ‘imprint’ surfaces) that do not provide for the water to run to a permeable area (to a lawn or border to drain naturally).

When you don't need permission

You will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing which allows water to drain through, such as resin-bound gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally.

For more information, read the permeable surfacing of front gardens guidance (GOV.UK)

Driveway surfacing materials

Loose materials such as gravel or slate chippings must not be used as a driveway surface within five metres of the highway. This is due to the safety risk and maintenance liability associated with loose chippings spreading onto the footway and carriageway which could also put highway users at risk. 

The access drive shall be surfaced in bituminous, or cement bound materials, or otherwise bound and shall be constructed and completed before the driveway is brought into use. The bound material can also be block paving or two rows of flags for the vehicle running surface.

You must let us know when the driveway has been completed so that the permit can be issued to the contractor to construct the vehicle crossing.

Driveway drainage

It is important that you carefully consider how your driveway will drain away rainwater. This will depend on the surfacing material, gradient and direction of fall. Water from your driveway must not discharge onto the highway. Where your driveway slopes towards the road, you should ensure that a crossfall is applied to shed water to the border or lawn or the driveway is constructed in an acceptable permeable material.

If a crossfall is not possible and permeable material is insufficient, then alternative means must be used to ensure rainwater is not discharged onto the highway. This could be in the form of channel drainage along the boundary of your driveway and the footway or carriageway to intercept the surface water to prevent it from flowing onto the footway or carriageway. This drainage should be connected to a suitable drain or a soakaway within your property.

It is an offence under Section 163 of the Highways Act 1980 to allow surface water from your premises to flow onto the footway.

Protecting highway users

To protect highway users, we will not proceed with the authorisation of a vehicle crossing until the driveway is completed. This driveway must include a provision to prevent loose materials from being carried from your property onto the highway (if loose material is used) and be of a suitable design or include drainage to prevent surface water runoff from running onto the highway.

We would therefore strongly suggest that you get in touch with the local planning office to enquire as to whether planning permission is required.

For example, if:

• from an A, B or C classified road – you should contact your local planning department to discuss this
• passes over non-highways land - for example, land which is registered as village green or common land
• consent maybe required from your local planning department or Housing Association to remove the grass strip if front of your property to create a vehicle access

Marked parking bay

If there is a marked parking bay in front of where you want the vehicle crossing, then you will have to pay to have the Traffic Regulation Order (TRO) amended, or an application to apply for a H Bar Marking will be required, which would help drivers identify that if they park there they may be causing an obstruction and that they shouldn’t block access to off-road parking areas.

No road markings will be installed as part of this application, if you require a H-Bar email or call the highways hotline on 0300 373 3736.

Obstructions

If there is a street lighting column near to where you want the vehicle crossing, you will be advised if the column needs repositioning. Street lighting columns are very costly to move and, if moving it is possible, you would be expected to pay to carry out the work.

Upcoming footway works

If you want to check that there are no upcoming footway works in the area where the crossing will be constructed, email us through the Cumbria Highways (onmats.com).

There may be future works at this location, therefore it is up to you to make your decision with regards to installing this vehicle crossing at your own expense as we cannot prevent a utility company from excavating in the footway.

Important considerations for vehicle crossing

An off-road driveway must be constructed with a minimum of 5m, as measured from the start of the private boundary and the building to accommodate a vehicle wholly within the drive.  We are unable to consider applications for a vehicle crossing unless the length of the drive is a minimal of five metres.

The access drive shall be surfaced in bituminous, or cement bound materials, or otherwise bound and shall be constructed and completed before the development /drive is brought into use. This surfacing shall extend for a distance of at least 5m inside the site, as measured from the private boundary.

Surfacing your property in a way that sheds water onto an adjoining property or the highway is not permitted without the express permission of the owner or the highway authority. 

If you want to construct, alter or change a vehicular crossing

Submit an application

Please be aware that any vehicle crossing application on the A7, A6071, A689, A594, A596 or A597 will be dealt with by Connect Roads and unfortunately, we are unsure of the duration to process your application and whether there may be an additional cost incurred for a site meeting.