MAKE SURE YOUR DRIVE IS LEGAL

Planning rules already in place in England - requiring permeable paving or on-site drainage for drives and garden paving - will shortly apply to Scotland as well. The rules encourage sustainable drainage to help reduce rainwater runoff and flooding. Homeowners thinking about adding a new drive, patio or other paving in their front garden, or replacing tired old paving with something more attractive, will need to comply with extra planning rules. These have been in place for some time in England and local authorities are taking action with drives that don’t meet the rules.

Before the rule changes, paving anywhere in a garden with any materials was considered ‘permitted development’ – effectively, an automatic planning permission. This permitted development was stopped in England over 2 years ago for new or replacement paving bigger than 5m2 in front gardens – such as drives. Similar rules should also start to apply to Scotland from the end of the year with The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011. They will apply to any area of paving in a garden between a home and the road.

The exception is ‘permeable paving’, such as concrete block paving specially designed for rainwater to soak through joints and the laying material. This looks similar to conventional block paving with a wide choice of attractive styles and colours. But it should have permeable material filling the joints and under the blocks, which looks like coarse, sharp stone gravel - not sand. As an alternative, paving that directs water to a soakaway, suitable area of garden or specially designed ‘rain garden’ where it can soak away is also permitted.

Any other paving that does not deal with rainwater on site needs a full planning application - with drawings, forms and fees - which will probably be refused anyway. If homeowners go ahead without either permitted development or planning permission, the local authority Planning Enforcement Officer could take action demanding an application or removal of the paving. Then, when it comes to selling a home, the buyer’s solicitor will want to make sure that necessary planning permissions are in place.

If not, this could delay or even stop a house sale, and add to costs. So, how do you know what paving really is permeable? Traditional tarmac and ‘printed concrete’ are obviously not and water will just run off. Also, conventional block or brick paving is not designed to be permeable. Its sand-filled joints soon clog up to provide a sealed-up surface and the material below is not intended to handle water.

So, it will need to channel water onto a suitable garden area or soakaway, or onto an area of permeable paving to comply – not into a drainage pipe or onto the road. Government guidelines provide some information and refer specifically to the Interpave website www.paving.org.uk for more help. Here you can download the free ‘Paving for Rain’ guide with essential information for homeowners on the rules and some other imminent legislation affecting all garden paving, and how to satisfy them.

On the Domestic website you can also find inspiration and guidance on the paving which is at the heart of creating and enjoying a beautiful and sustainable garden. It covers all the issues you need to consider when choosing and designing drives, patios and paths, as well as help finding the right manufacturers and installers, and practical help for DIY enthusiasts. Here, you can choose from a multitude of styles, shapes, colours, finishes and laying patterns to give just the right look for your garden.