A lowered dropped kerb and strengthened footway at a residential driveway in Bristol

Highway permission to cross a pavement in Bristol

9 min read
Rules and permits
A new drive usually means a dropped kerb, and a dropped kerb needs consent from the highway authority. This guide explains section 184 of the Highways Act 1980, the application and inspection, approved contractors and planning on classified roads.

A new drive usually means crossing the pavement, and crossing the pavement without permission is not something to do on the strength of a builder's assurance. In England the consent to construct a vehicle crossing over a footway or verge sits with the highway authority, and the rules come from the Highways Act 1980. This guide explains when consent is required, how the application and inspection work in practice, what to look for in an approved contractor, and how planning permission interacts with the highway route on classified roads.

Application and inspection

The application is made to the local highway authority, which in Bristol is the city council. Bristol City Council's dropped kerb guidance says the council does not build vehicle crossings itself: the owner hires a contractor, the application is made on the forms on the council's highway excavation licence page, and the drive must meet the council's size standards, such as at least 4.8 metres from the pavement edge to the building and 2.4 metres wide for a single space where planning permission is not needed. Expect to give the position of the crossing, the width, the materials, the drainage and the contractor who will carry out the work. Include a sketch with the dimensions and show where any street trees, lamp columns, utility covers or drains are located.

In Bristol, the guidance and process document says a highway officer visits the property after the application and fee are received, before the council confirms or rejects the licence. The inspection would normally check that the position is safe for pedestrians and drivers, that visibility is adequate, that the existing kerb can be lowered without damaging services and that the proposed construction will carry the loads expected. Expect the inspector to ask for changes if the design does not suit the site.

Once approved, the work must be carried out to the authority's specification. Materials, depth and reinforcement are set out in the approval, and the authority may inspect the works before they are covered. Keep copies of the approval and of the inspection records with the property documents, because they will be needed if the crossing is altered or sold.

The authority also has powers to serve notices on owners and occupiers who habitually drive across a footway without a proper crossing, and to impose conditions on its use. Under section 184(17), knowingly using a footway or verge as a crossing in breach of such a condition is an offence carrying a fine of up to level 3 on the standard scale. Bristol City Council's guidance adds that it will consider enforcement action where a crossing has been installed without permission, which can mean applying for a retrospective licence or restoring the kerb.

Reinstatement and the footway

Once a crossing is in use, the footway around it has to be reinstated to a standard the highway authority accepts. That means the surface must be made good to the same level as the adjoining pavement, the kerb must be correctly lowered and the joints must be sealed so that water does not penetrate the sub-base. A poorly reinstated crossing can crack under the first heavy vehicle and leave the authority asking the owner to put the work right. Ask the contractor to describe the reinstatement in the method statement, and check it against the approval before the work is accepted.

Section 184(16) makes clear that the section itself places no duty to maintain a vehicle crossing on anyone other than the highway authority. Bristol's licence terms add a period of responsibility for the applicant, however: the council's vehicle crossover guidance and process document says the applicant is responsible for any claims and necessary maintenance until the council resumes responsibility, normally two years after the works are completed. A crossing that subsides, cracks or lets water pool at the kerb in that period is a trip hazard for pedestrians and a cost for the owner. Keep a record of the approved design and of any repairs carried out, so the history of the crossing is clear if questions arise later.

Approved contractors

Only a contractor the highway authority accepts may do the work. Bristol sets out its own conditions in its guidance on dropped kerbs: cover of no less than £5 million for public liability, street works accreditation (NPORS or SWQR) under the New Roads and Street Works Act 1991, a vehicle crossover licence that is in date, and construction to the council's crossover specification. Check each of those points with the firm before the job is booked.

Approval of the design is only part of the picture. A contractor who cuts the kerb, lays the crossing and reinstates the footway must work to the approved specification and must protect the public while the work is in progress. Ask for evidence of public liability insurance and for the method statement, and check whether the contractor will arrange any traffic management that the work requires.

Be wary of a contractor who offers to build a crossing without an application. The cost of removing an unauthorised crossing can be substantial, and an unapproved crossing can be the subject of enforcement. The quote request lets you ask for a specification that includes the highway consent step, so the contractor is working from the approved design.

Planning permission on classified roads

Planning permission can also be needed. The permitted development right to form a new access, in Class B of Part 2 of Schedule 2 to the General Permitted Development Order 2015, covers only access to a road that is not a trunk road or a classified road. A new vehicle access onto a classified road therefore needs planning permission in addition to highway consent, and Bristol City Council's guidance lists a dropped kerb on an A, B or C class road, and a property divided into flats, among the cases that need planning permission. The position should be checked with the council before the crossing is built.

The planning and highway processes run separately, and an approval under one does not satisfy the other. A householder who has obtained highway consent may still need planning permission for the surface, the boundary or the access, and the reverse is also true. The Planning Portal's paving guidance explains that other works such as fences, walls, gates or a dropped kerb may need permission in their own right.

Check the road classification with the council before the design is drawn up. A road that looks like a residential street may be classified, and the difference changes the process.

Practical steps before the work starts

Start by confirming with the council that a crossing is needed and that the position is acceptable. Then prepare the application with a sketch, the dimensions and the surface materials. Check whether planning permission is needed for the drive and the surface. Only then should a contractor be asked to price the work, and the quote should refer to the approved specification.

Plan the programme with the consent in mind. The authority needs time to consider the application and to inspect the site, and the works cannot start until consent is given. A drive that is planned for a particular week may have to wait for the approval to arrive.

Keep the highway consent with the house papers. It is the document that shows the crossing was built lawfully, and it will be needed if the property is sold or if the authority later asks for works to be altered.

The front garden guide covers the planning rules for the drive surface itself, and the curing guide explains how the new crossing should be protected while it sets. The concrete finish guide covers the finishes that can be used on a crossing and the parts of the drive around it.

The services page lists the groundworks that are commonly arranged alongside a new crossing, and the request form is the simplest way to ask for a quote that includes the highway step from the start.