Regulations on block paving over old driveimr

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I’ve spent a lot of time reading and searching on this but can’t find a definitive answer.

The regulations on paving in a front garden are clear on a new drive or replacing an existing drive but not modifying an existing one by paving, concreting or tarmacing over the top.

I presume that common sense means that planning permission isn’t needed unless the size is changed outside the 5m2 limit without the appropriate permeable surface or acceptable drainage. However, my thoughts may be different from those of the responsible agencies.

Also, what limits are there on the 5m2 concession? Can someone extend a drive by 5m2 then a few years’ later put in a footpath of 5m2? What if youve moved in and don’t know if a 5m2 concession was used before?

FWIW I ask as I’m considering putting in paving over a concrete drive that would benefit from the height rise but has its lower end dumping eventually to a drain not a soakaway. Yes, I know that replacing the concrete is the generally preferred option, but here the concrete is thick and in excellent condition and it would benefit from being raised 60-70 mm to match the level of the grass and flower beds on each of the major sides.
 
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Thanks and apologies, must have been my finger trouble.
I continued writing it, posted it then saw your post.
I hope it makes sense now.
 
The 5m2 will be cumulative not each time.
As long as you keep it draining within your property and not to the public drainage system you shouldn't have a problem raising the levels.
 
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John, thanks.
Whilst staying under 5m2 is fine and cumulative may be sensible, what do the rules say on this?
From what I can see, the rules say nothing about a. pathways being driveways but several websites imply the rules apply and b. cumulative projects, for example widening a drive by 4m2 and putting in a 4m2 path, total 8m2.

If the drainage met the requirements then, indeed, there wouldn’t be an issue. In my case, the area available for a soakaway on the lower edge of the slopes drive is only 0.5x0.5m at best and 2m from the house, which I think is unacceptable (but I’m happy to be corrected).
 
I think your over thinking this massively. Does anyone know how big your driveway is as of today or where it drains to?

I’ve just done a job on a block paved driveway that was on 40mm of sand on top of concrete and it was fine:
 

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Thanks.

You’re right.

However, we have neighbours who are self-appointed guardians of all that is good and proper who have, amongst other unfriendly acts, reported several neighbours for minor possible breaches of planning rules and harassed the council over them.
 
Council planning depts have access to annual high resolution ariel surveys as part of their means of monitoring and checking planning issues
 
I managed to find the permitted development regulations superseding the original 2008 amendments, and some commentary.

What they do clear up is that it applies to any hard surface, ie footpaths as well as drives. A court case has also established that 'surface' includes the complete surface with all sub-layers, not just the top surface.

Otherwise it seems the rest is as clear as mud and up to the interpretation of the local council.

The Town and Country Planning (General Permitted Development) (England) Order 2015
Class F – hard surfaces incidental to the enjoyment of a dwellinghouse
Permitted development

F. Development consisting of—
(a)the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or
(b)the replacement in whole or in part of such a surface.
Development not permitted
F.1 Development is not permitted by Class F if permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use).
Conditions
F.2 Development is permitted by Class F subject to the condition that where—
(a)the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and
(b)the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,
either the hard surface is made of porous materials, or provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.
 

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