Do you need planning permission for a hardsdtanding?

Building a hardstanding is often considered permitted development, not requiring an application for planning permission. However, this is only providing it meets all the necessary planning and design criteria and there are no constraints that restrict or remove permitted development rights.

It is important to note that permitted development allowances for hardstanding’s applies to houses, so all flats and maisonettes will require full planning permission.

In order to meet the requirements for permitted development a hardstanding of any size must use permeable (or porous) surfacing which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally.

If your hardstanding does not meet even on of the relevant planning and design criteria, no matter how close it was then planning permission will be required.

If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable hardstanding’s that do not provide for the water to run to a permeable area. For example, tarmac is a common material that is impermeable so would require planning permission.

For hardstanding’s that are likely to fall within permitted development a lawful development certificate is recommended. This is the only way to obtain a legal determination from your planning authority to confirm your hardstanding permitted and lawful.

A lawful development certificate will likely be required should you ever come to sell the property in future but perhaps more importantly it also protects you from retrospective planning issues, enforcement action and fines.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission. Planning approval is never guaranteed regardless whether it is a lawful development certificate or full planning permission however our experts can advise you on the best way forward and the likelihood of success.

If you would like to find out what is required for your hardstanding, the likelihood of success or the costs associated with applying for planning permission, contact us to speak with one of our expert planning consultants today.

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