A new driveway looks simple, but it can need two separate approvals from two different parts of the council. Knowing which applies saves time and a wasted application.
Consent one: the highway authority
Lowering the kerb and strengthening the footway is work on the public highway. You need the highway authority’s consent for that in every case, usually under Section 184 of the Highways Act 1980, and the work is normally carried out by the council or an approved contractor. Each authority has its own application process, fees and design rules.
Consent two: planning permission
Permitted development rights allow a new access in some circumstances, but not onto a trunk road or a classified road (A, B and C roads, and some unnumbered roads the council classifies). In those cases you need planning permission. You may also need it where:
- the property is a flat or maisonette, which has fewer permitted development rights
- it is a listed building, or in a conservation area or other area with extra controls
- an Article 4 direction removes the rights locally
- the new hard surface in front of the house is over five square metres and not permeable, or does not drain to a permeable area
The highway authority can tell you whether a road is classified. Many publish a map.
Why crossovers get refused
- Visibility. Drivers reversing out must be able to see, and be seen by, people on the footway and traffic on the road.
- Too close to a junction, crossing or bus stop. Most councils set minimum distances.
- Not enough space. A car parked in the drive must not overhang the footway.
- Loss of on-street parking where spaces are already scarce.
- Trees and street furniture that cannot be moved.
How to improve your chances
- Check whether the road is classified and what the council’s crossover guidance says.
- Measure the frontage depth and the visibility from where a driver would sit.
- Show a simple plan with the visibility and turning space marked.
- Where planning permission is needed, apply for that first, then for the highway consent.
If an application has already been refused, the reasons usually point to a design fix. A short note with a measured plan is often enough to show the council the access works.
General information, not advice on a specific site. Policy and guidance correct as of October 2026.