This is general guidance based on standard permitted development rights in England. Rules differ for listed buildings, conservation areas, and properties with Article 4 directions. Always confirm with your local planning authority before starting work.
Do I Need Planning Permission for a Patio or Paved Area in Tonbridge and Malling?
Laying a patio, paved area, or hard surface in your rear garden. Patios are generally permitted as garden improvements with no planning requirements, though front garden paving has specific drainage rules.
Planning in Tonbridge and Malling
94%
of planning applications granted
85%
decided within the statutory or agreed time
51%
of householder applications decided within 8 weeks
In the year to December 2025, Tonbridge and Malling decided 891 planning applications. 546 of these were householder projects such as extensions, loft conversions and outbuildings, of which 95% were granted.
Planning statistics: MHCLG planning application statistics, the year to December 2025. Conservation area and Article 4 data: planning.data.gov.uk, © Historic England / Crown copyright. Open Government Licence v3.0.
Important: Additional Restrictions May Apply in Tonbridge and Malling
Tonbridge and Malling has 60 conservation areas. These include Addington, Aldon, Offham, Aylesford, Birling, Birling Place, Bradbourne, East Malling. If your property is in a conservation area, some or all permitted development rights may be restricted. For example, you may need planning permission for changes that would normally be permitted, including alterations to the roof, cladding, or extensions visible from a public highway.
Check with Tonbridge and Malling planning department before starting work to confirm whether your property is affected by any special designations.
Permitted Development Rules for a Patio or Paved Area
Generally permitted. Laying a patio or hard surface in the rear garden is permitted development as an improvement within the curtilage. Front garden hard surfaces are PD if the surface is permeable or drains to a permeable area within the curtilage.
Conditions
- 1Rear garden patios are generally PD without specific conditions
- 2Front garden: must use permeable paving or drain to a permeable area within the garden
- 3Must not significantly raise the ground level (over 300mm becomes a raised platform)
- 4Good drainage practice to prevent flooding and waterlogging
Size and Dimension Limits
- No specific size limit for rear garden patios
- Front garden: non-permeable surfaces over 5 square metres require PP if not draining to a permeable area
When Permitted Development Does Not Apply
- Front garden non-permeable paving over 5 square metres requires planning permission (since 2008)
- Listed buildings may require consent for changes within their curtilage
- Raised patios over 300mm above ground level may need PP (treated as raised platforms)
What About Building Regulations?
Building regulations approval is not usually required
Building Regulations do not apply to standard patios. There are no structural, thermal, or fire safety requirements. Drainage should be managed to prevent water pooling against the house (maintaining the damp proof course level).
Building regulations are separate from planning permission. Even if your project is permitted development, you may still need building regulations approval. Contact Tonbridge and Malling building control or use an approved inspector.
How to Apply in Tonbridge and Malling
If you need planning permission for your patio or paved area, you can apply through Tonbridge and Malling's planning department or via the national Planning Portal.
If your project is permitted development and you want written confirmation, you can apply for a Lawful Development Certificate (LDC) from Tonbridge and Malling. This provides proof that your project does not need planning permission, which can be helpful when selling your property.
What Happens If I Build Without Permission?
Very low risk for rear garden patios. Front garden non-permeable paving over 5 square metres without proper drainage is an enforcement risk, though enforcement is relatively uncommon in practice.
Frequently Asked Questions
Do I need planning permission for a patio or paved area in Tonbridge and Malling?
Does a patio or paved area in Tonbridge and Malling need building regulations?
How do I apply for planning permission in Tonbridge and Malling?
How long does planning permission take in Tonbridge and Malling?
What percentage of planning applications does Tonbridge and Malling approve?
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