Help! Planning permission

[Chocbiccy]

Hi,

Please can I have some advise, I feel really stupid so please dont judge.
We recently had a drive completed on our house, it was previously a block pave drive but was awful so we changed it to tarmac with brick border. However, just discovered you need planning permission!
I literally had no idea as it was already a drive and has a drop kerb already installed so thought nothing of it.
But now i'm panicking, I feel so stupid, will I be made to rip it up?

Anyone?

I’m not an expert, but has anyone else changed their drive near you? If so, have they had planning permission? Has anyone near you applied for planning for changing their drive and been turned down?

If people have changed with planning- you can just apply for retrospective planning permission and expect it to be granted.

If people have changed without planning, you can probably expect nothing to happen unless reported to the council, in which case you can then apply for retrospective.

If people have applied and been turned down, you can probably expect nothing to happen unless reported to the council, in which case you can then apply for retrospective. However, this might mean you are turned down and therefore will have to put it back.

You might not need planning for replacing what was already there. Does it drain into you own garden?
This is from the planning portal site (see last sentence):
"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 gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally."

www.planningportal.co.uk/info/200130/common_projects/45/paving_your_front_garden

to answer questions, most houses in the street have driveways, looking on planning portal can't see that any permissions have been sought, but also no idea how long they have been there either.

We do have drain at the front of the house but what I can tell they like the rainwater to be soaked into the ground naturally so it doesn't overwhelm the sewers?

I'm such an idiot

I think it is something to do with surface water drainage:
www.planningportal.co.uk/info/200130/common_projects/45/paving_your_front_garden

From what I understand of your OP, you haven’t added a drive, just replaced block paving with tarmac? Or am I not correct? Did you also tarmac over extra land (ie front garden) as well?

No it was all block, hence why I thought I didnt need permission as I already had a driveway, we were just replacing it

Hi sorry to keep going on about this, but I'm really struggling with my mental health atm and cant stop crying.

Does anyone know if I will have to take the whole driveway away and do it again, or is there a way around the drainage issues in case council do take action?

Just leave it, if the council do contact you (which I very much doubt) they’ll ask for you to submit a retrospective application, they are overwhelmed at the moment with bigger things to deal with.

Presume you’re not in a listed building or in a conservative area?

It’s really not worth crying over.

No were not a listed building or conservative area.
Thank you for your advice, I have very poor mental health anyway, and feel so stupid I didnt check first, which is adding to my anxiety.

OP, I too have had times that I've suffered with my mental health and been very tearful and stressed over small issues. I know this is worrying you, but honestly, on the scheme of things it isn't that big of a deal (to the council).

Just wait and see what happens with the council - I strongly doubt nothing. I'm guessing the rules regarding soak away drainage are for new houses and estates. Think about all the people who've replaced all their grass and shrubbery in the back garden with paving slabs!

If it will make you feel better, put aside a little bit of money each month to cover the cost of returning it to block paving. If the council do send you a letter they'll just tell you to charge it back, no drama, some expense, but not the end of the world. It's not like you built a house and hid it behind baked of hay to deceive the council!

But... How will they know you've changed it? Just hold fire and wait and see if anything happens.

Focus on looking after yourself, it's a shitty time for everyone, and if you were already struggling with your mental health then this last year is going through exacerbate that. Take every day as it comes, and try and not to worry about things that haven't happened.

(P.S. I am a worrier and always panicking about what ifs too. Sometimes you need to tell yourself to sit down and look at the bigger picture.)

Not sure why to came out as through!

Don't feel stupid OP, I've got block paving which I intend to change to resin ... I had no idea that planning permission is needed! It would never have even entered my head until I read your post. I assumed that changing a block paved driveway to tarmac or resin wouldn't be an issue as I didn't think block paving was porous 🤷‍♀️

I think my main worry is my neighbours will complain, then I'll have to go through all the faff of redoing it again, which I cant afford, all while the neighbours are thinking what an idiot I am.
Arghh why didnt I just check?!

THe legislation says that if the area covered is more than 5 sq m you would not need PP if "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."

If you are worried the best thing would be to get a builder to make alterations to ensure that any runoff is directed towards a grassed area of your garden or provide a soakaway.

However, the only way the Council are going to find out is if a neighbour reports you. The Council wouldn't go straight to making you rip it up. They would discuss it with you and give you the option to put things right (as suggested above) before enforcement action.

Technically for tarmac replacement, you needed planning permission.

But tbh, even if someone does complain, the council will probably approve a retrospective application, considering your existing driveway was non permeable anyway.

Surely the people who laid the drive should have known about planning issues and advised accordingly? They should also have brought up any issues regarding drainage.

I genuinely wouldn't worry. Nobody is going to complain to the council about you replacing a drive you already had.