FAQs
I want to convert my front garden into a driveway but don’t need planning permission, can I just go ahead?
First of all you will need to contact our Roads Planning Service for Vehicular Access Consent. If approved, you will need to use a contractor already approved by us, to carry out the footway or verge works. You may, however, be able to carry out the works within your own garden ground yourself. As part of the process, you will need to make sure you are selecting the most suitable type of surface for the driveway and consider where any water will drain to.
It’s my garden, why do the Council have a say on what I do on my own land?
Planning legislation is in place to protect the environment and surface water run off is a concern these days, so it’s important you have an acceptable plan for where to put the water. We have an obligation to consider any impact on pedestrian and road safety as well as any overall impact on parking availability in the surrounding area.
What does non-porous surface and does not drain within your ground actually mean?
A non-porous surface is one where the water does not drain through it, such as tar and some types of block paving. This means you will need to create some sort of drainage or soakaway to deal with your driveway water in your own ground. If your driveway is shaped so that the run-off water is collected within your own ground that will likely be fine, but you will still need to apply for permission for works to the footway or verge. Surface water run off from your drive is not normally permitted to run onto the road.
I live in a housing estate can I have a driveway please?
You are required to seek our written permission and you are advised to contact Roads Planning Service online or by phoning 01835 825597. The following are some of the criteria that will be assessed as part of your application:
- is your proposed driveway large enough to accommodate a car (min 5.5m long and 3m wide)?
- is there adequate visibility when exiting onto the public road?
- will the driveway have an acceptable gradient (not steeper than 1 in 12)?
What happens if I don’t want to go to the expense of dropping the kerb, why can’t I just drive over the pavement?
Driving over a footway (pavement) without a properly formed access is an offence under Section 63 of the Roads (Scotland) Act 1984. If you don’t want to go to the expense of forming an access, then you will have to park on the road where it is safe to do so.
My friend works on building sites and he’s experienced in working on pavements, so can I get him to drop the kerbs?
Unfortunately not. Due to there being gas mains, electricity ducts, fibre optic cables, phone cables and water pipes under footways, there is a risk of damage to these. Whoever carries out works would be liable for the repair costs and reinstatement of damaged services. As the person who instructed the works you would also be held partially liable for unauthorised works. For the safety of the general public and workers, it is imperative that only pre-approved contractors work on footways, as they are required to show that their operatives are correctly trained and hold the appropriate qualifications to carry-out the work. They need to be familiar with the correct working methods and materials and have suitable public liability insurance.
What would happen if I don’t get permission from the Council to get a driveway and drop the kerbs and get the work done anyway?
We do not recommend this course of action as it can end up very costly to make good any unauthorised works and we will pursue the resident under the relevant Acts. It can also result in a report being made to the Procurator Fiscal. We have inspectors all over the Borders who know who our approved contractors are and unauthorised workers and contractors are frequently caught out. It is the resident who instructed the works that we would pursue and the bills to make good unauthorised and poor quality works can run into many thousands of pounds which we will reclaim. The advice is to carry out all the necessary checks, obtain the relevant permission and use an approved contractor.
I’ve just bought a house and have received a letter from the Council saying the previous owner created a driveway without permission, what should I do?
You are advised to contact the solicitor you purchased your home through and discuss this with them. A retrospective application for permission will then be required should you wish to continue to use the driveway.
I pay Council Tax I’d like the Council to drop my kerbs.
This isn’t a service that your Council Tax covers.