Dropped Kerb Application: Highways Authority Approval Process, Visibility Splays and Self-Build Rules

Summary

A dropped kerb — the lowered section of pavement kerb that creates a vehicle crossing from road to driveway — is regulated separately from any planning permission for the driveway itself. Even if the driveway does not need planning permission (e.g. it uses permeable paving), you still need a separate vehicle crossing licence from the Highways Authority to lower the kerb and cross the public footpath.

This distinction trips up many homeowners and some contractors: they receive planning permission for a driveway and assume that permission covers the road crossing. It does not. The road and footpath are public highway, maintained by the council, and any work to them requires specific highways approval.

The approval process, fees, and timescales vary significantly by council. Some councils insist on constructing the crossing themselves using their own contractors or approved contractors, charging the homeowner. Others allow approved private contractors to carry out the work after licensing. Understanding which model your local council uses is the first step.

Key Facts

• Highways Act 1980, Section 184 — The legal basis for vehicle crossings over public footpaths; councils cannot refuse reasonable applications but can set conditions
• Criminal offence — Constructing or using an unlicensed vehicle crossing is an offence under s.184 Highways Act 1980; the council can serve notice requiring reinstatement at the homeowner's cost
• Council as approver — The Highways Authority (usually the county or unitary council highways department) is the approver; district planning departments are separate and deal with planning permission
• Fees — Application fee (for the licence) varies; in 2024 typically £400–£900; some councils charge additional inspection fees; the construction cost is separate
• Timescales — 8–12 weeks is typical; some councils have backlogs of 3–6 months
• Council-built vs contractor-built — Many councils construct dropped kerbs using their own Direct Labour Organisation (DLO) or approved contractors; others licence the work to the homeowner's chosen contractor. Confirm before quoting.
• Visibility splays — The council will check that sightlines at the new crossing are adequate for safe vehicle movements; typically 2.4m × 25m or 2.4m × 43m depending on road speed (Manual for Streets)
• Footway width — The remaining footway after the crossing must be wide enough for pedestrian use; minimum 1.8m in most guidance (1.5m absolute minimum on narrow streets)
• Road speed limits — Crossings on 40mph+ roads require more detailed assessment; some councils will not permit new crossings on A roads or bus routes
• TPOs and protected trees — A tree preservation order near the crossing can slow or block approval if roots would be affected by the kerb drop or crossing construction
• Adoption — The dropped kerb and crossing apron become part of the adopted highway on completion; the council takes responsibility for maintenance of the highway portion
• Works in the highway — Any contractor working in the public highway must hold a relevant NRSWA (New Roads and Street Works Act) licence for the operatives

Quick Reference Table

Detailed Guidance

The Application Process

Step 1: Check local council requirements — Visit the council highways website and search for "vehicle crossing application" or "dropped kerb application." Each council has its own form and process. Some have an online system; others use paper forms.

Step 2: Complete the application — The form will typically ask for: property address, proposed crossing location (some councils want a sketch or measured drawing), details of who will carry out the work, existing use of the property, any planning permission references if relevant.

Step 3: Visibility splay assessment — The council highways officer will visit or use mapping to assess the sightlines from the proposed crossing. The applicant may be asked to demonstrate the splay is clear by: trimming hedges, confirming no obstructions within the splay triangle.

Step 4: Survey and design — Some councils do a technical survey of the footway to check for buried services (gas, water, electric, telecoms) before designing the crossing. The council engineer produces a drawing showing the kerb drop location, drainage arrangements, and crossing apron dimensions.

Step 5: Approval and payment — If approved, the council issues a licence. The applicant pays the construction cost (council DLO rate or approved contractor rate). An application and inspection fee may also apply separately.

Step 6: Construction — The council or an approved contractor constructs the dropped kerb, apron, and any drainage. The existing footway is temporarily closed with appropriate signing (Chapter 8 Traffic Signs Manual).

Step 7: Adoption — On completion, the crossing becomes part of the adopted highway. The homeowner's responsibility ends at the back of the footpath.

Who Carries Out the Work

There are two main models:

Council DLO (Direct Labour Organisation) — The council constructs the crossing using its own workforce and equipment. The homeowner pays the council directly. Advantage: the council takes full responsibility for the public highway work. Disadvantage: waiting lists (months at busy councils), higher cost in some areas.

Approved contractor list — Some councils maintain a list of approved private contractors licensed to carry out vehicle crossings. The homeowner chooses from the list and hires the contractor directly. The council inspects on completion. Advantage: faster, often cheaper. Disadvantage: contractor availability varies; homeowner takes more project management responsibility.

The key point for contractors: Never carry out a dropped kerb without first confirming: (1) the application has been approved, (2) whether the council or the contractor is carrying out the highway work. If the council uses DLO-only, your role as a private contractor ends at the back of the footway. Doing highway work without authorisation is a criminal offence.

Visibility Splays

A visibility splay is a triangular area measured from the proposed crossing exit that must be clear of obstructions above 600mm height (so pedestrians, cyclists, and vehicle drivers can see each other).

Manual for Streets (MfS) 2007 standards:

• 20mph road: 2.4m × 10m
• 30mph road: 2.4m × 25m
• 40mph road: 2.4m × 43m

These are measured as: 2.4m back from the edge of the carriageway (X distance) and the relevant distance along the road (Y distance).

Common obstructions failing the splay:

• Mature garden hedges at the boundary
• Walls above 600mm at the driveway exit
• Parked vehicles on the road (temporary obstruction — councils usually accept this)
• Street furniture (lamp columns, sign poles) — these are controlled by the council, not the homeowner

If the splay is obstructed by the homeowner's own hedge or wall, the council will require this to be trimmed or removed before approval. If the obstruction is a neighbour's hedge or a neighbouring wall, the situation is more complex — the council may refuse if the obstruction cannot be guaranteed to be controlled.

Self-Build Rules: What You Can and Cannot Do

Homeowners and contractors often ask: can we do the kerb drop ourselves to save money?

What is permitted:

• Driveway construction behind the back of the footway — entirely on private land, no licence needed (subject to planning, SuDS, and DPC clearance rules)
• Application for the vehicle crossing licence — the homeowner can apply themselves

What requires council approval/licensing:

• Any work on the public footpath (footway) or carriageway kerb — this is public highway; working on it without licence is an offence under s.137A Highways Act 1980 and associated regulations
• Installation of the dropped kerb — the kerb is part of the adopted highway

What NRSWA requires:

• Any operative carrying out any excavation in, or adjacent to, the public highway must hold an appropriate NRSWA licence (Street Works Qualifications level 2 or above)
• The company must be registered under NRSWA and have an appropriate insurance (Public Liability minimum £5m for highway works)

The crossing apron:

• The concrete or tarmac apron across the footpath is part of the crossing licence; it is either constructed by the council or by a licensed contractor under the licence
• The homeowner's driveway starts at the back of the footpath

Drainage at the Crossing

The vehicle crossing must not allow driveway surface water to run off onto the public footpath or road. The council will consider drainage design as part of the licence:

Options:

• Gradient back from road — Design the driveway to fall away from the road, so surface water cannot run out. Best practice.
• Channel drain at the front of the driveway — ACO or linear drainage channel at the point where the private driveway meets the public footway, directing water back into the private drainage system (soakaway or adoptable drain).

If the driveway drains onto the public highway, this can be classified as highway drainage — a legal nuisance. The council can issue notice requiring the homeowner to prevent this.

Frequently Asked Questions

I've used my driveway without a dropped kerb for years — do I need to apply now?

If the crossing is currently unlicensed (no vehicle crossing licence was ever obtained), strictly yes. The council can enforce at any time. In practice, most councils prioritise new works rather than retrospectively investigating long-established crossings, but if you are aware the crossing is unlicensed, the risk remains. If the property is being sold, solicitors increasingly check for vehicle crossing licences and the absence can cause delays.

Can I use planning permission for a driveway as evidence of vehicle crossing approval?

No. Planning permission and highway vehicle crossing approval are separate systems, under separate legislation. Planning permission does not authorise any work to the public highway. You must apply separately to the Highways Authority.

The council wants to charge £800 to build the dropped kerb — can my contractor do it cheaper?

Only if your council operates the approved contractor model. Ask explicitly: "Do you allow applicants to use their own licensed contractor for the vehicle crossing, or does your DLO carry out all crossing construction?" If DLO-only, your contractor cannot legally carry out the highway work.

What happens if I build a crossing without approval?

The council can: issue an enforcement notice requiring the crossing to be removed and the kerb reinstated at your cost; pursue a criminal offence (fine); and, if injury results from an unlicensed crossing, pursue civil liability. The council has considerable powers under the Highways Act 1980. Do not proceed without approval.

Regulations & Standards

• Highways Act 1980, s.184 — Vehicle crossings over footways; procedure for application and approval by highway authority

• New Roads and Street Works Act 1991 (NRSWA) — Qualification and licencing requirements for operatives and organisations working in the public highway

• Manual for Streets (DfT, 2007) — Design guidance for residential streets including visibility splay dimensions

• Traffic Signs Manual, Chapter 8 — Traffic management for works in streets; required for any work in the highway

• Building Regulations Part H — Drainage; prevents uncontrolled surface water discharge from driveway onto highway

• Planning Portal: Vehicle crossings — overview of process

• Department for Transport: Manual for Streets — visibility splay and road design standards

• HSE: NRSWA Street works — health and safety in the public highway

• suds regulations driveways — planning permission (separate from dropped kerb approval) for impermeable driveways

• driveway drainage channels — drainage channels at driveway entrance to prevent surface water onto highway

• block paving installation — driveway construction specification behind the back of footpath

• tarmac driveway installation — tarmac driveway specification and edging