Use the table of contents to find out more about prior approval applications and the prior approval process.

WHAT IS PRIOR APPROVAL?

Permitted development rights allow certain changes – or “developments” – that would normally require you to apply for planning permission to be carried out without you having to apply for planning permission.  

For the most part, this means you can just go ahead and carry out permitted developments without any need to submit plans or documents to your local council or to seek any other form of planning approval*.

*Although most permitted developments – i.e. all permitted developments not subject to prior approval – do not strictly require you to submit any type of planning application, we always strongly recommend that you apply for a lawful development certificate prior to commencing works. Securing a lawful development certificate is relatively inexpensive and straightforward. It could also save you a lot of time, money and stress in the long run. To find out why, click the button below.

Certain permitted development rights are subject to prior approval

However, there is a notable exception to the above general rule. Certain permitted development rights are “subject to prior approval”. Permitted development rights that are subject to prior approval include:

• larger home extensions (rear)
• upward domestic extensions (i.e. additional storeys)
• change of use from agricultural buildings to dwellinghouses
• change of use from commercial to dwellinghouses.

This list is non-exhaustive.

You MUST submit a prior approval application if it is required

If a permitted development right is subject to prior approval, this means the developer must submit an application to their local council prior to commencing works. This application is known as a prior approval application. It attracts a much smaller fee than most types of planning application.

If the council’s prior approval is denied, you must not proceed with the development. If the council’s prior approval is granted, you will normally have to carry out your permitted development within 3 years of their approval.

HOW DO I KNOW IF A PERMITTED DEVELOPMENT RIGHT IS SUBJECT TO PRIOR APPROVAL?

The relevant section of the legislation will tell you if the permitted development right is subject to prior approval. The legislation that contains all permitted development rights is called The Town and Country Planning (General Permitted Development) (England) Order 2015. You can access a copy using the button below.

Common permitted development rights that are subject to prior approval include:

• larger home extensions (rear)
• upward domestic extensions (i.e. additional storeys)
• change of use from agricultural building to dwellinghouses
• change of use from commercial to dwellinghouses.

This list is non-exhaustive.

If you’re still unsure whether or not a permitted development right is subject to prior approval, you should seek professional advice before you proceed.

WHAT MATTERS ARE CONSIDERED AS PART OF A PRIOR APPROVAL APPLICATION?

The matters that can be considered by your local council as part of a prior approval application depend on the specific permitted development right. If a permitted development right is subject to prior approval, the relevant section of the legislation will describe the matters to be considered as part of the application.

The legislation that contains all permitted development rights is called The Town and Country Planning (General Permitted Development) (England) Order 2015. You can access a copy using the button above.

Matters for consideration

Some of the most common prior approval matters appear in the list below:

• Transport and highways impacts
• Impact on neighbours
• Noise impacts
• Contamination risk
• Flood risk
• Design or external appearance
• Provision of adequate natural light in all habitable rooms. 

When a local council receives a prior approval application, they may only consider the matters that are subject to prior approval. If, for example, the matters for prior approval are transport impacts, contamination and noise impacts, your application cannot be refused because of flood risk.

The applicant must submit enough documents and information to enable the council to properly assess each matter. This might include, for example, a Flood Risk Assessment or Land Contamination Survey. If you do not provide enough information to satisfy your local council that all matters subject to prior approval are acceptable, they will very likely refuse to grant prior approval.

A number of other generally administrative submission requirements are set out in the legislation.

WHAT ARE THE POSSIBLE OUTCOMES OF A PRIOR APPROVAL APPLICATION?

An application for prior approval first asks, “is prior approval required?” If the council considers that it is, the application then asks, “is prior approval granted?”

When is prior approval not likely to be required?

In some cases, your local council may determine that prior approval is not required at all. For example, larger home extensions are subject to a prior approval neighbour consultation scheme. When you submit your application for prior approval, your local council will consult your immediate neighbours. If they receive no objections from your neighbours, they will determine that their prior approval is not required. 

However, if any of your neighbours object, prior approval is required meaning your local council must fully assess the impacts of your larger home extension on all neighbours. This will include, for example, an assessment of how it affects their light, privacy and outlook.

If prior approval is required, when is it likely to be granted?

Where your council thinks the relevant matters are acceptable, they will grant prior approval. If your council thinks the relevant matters are unacceptable, they will refuse prior approval.

The 56-day deadline

Importantly, there is also a 56-day deadline within which councils must issue decisions on certain valid prior approval applications*.

*not all permitted developments benefit from the 56-day rule so you should always check.

If the 56-day deadline expires without a decision being made, you may undertake your permitted development as though approval had been granted. 

An application for prior approval has the following possible outcomes:

HOW DOES A PRIOR APPROVAL APPLICATION DIFFER TO A NORMAL PLANNING APPLICATION?

A prior approval application is not the same as a normal planning application. The main differences are:

• With a normal planning application, the council is entitled to consider a wide and uncountable range of planning matters. This could include, for example, highways, amenity, heritage, sustainability, landscape and flood impacts. By contrast, the council is only entitled to consider a narrow range of specific planning matters as part of a prior approval application. Those specific matters will be clearly set out in the relevant section of the legislation.
• With a normal planning application, the council will assess all planning matters against national, local and neighbourhood planning policies. By contrast, the council is not allowed to assess compliance with planning policies as part of a prior approval application. They can only assess whether or not the development complies with the relevant permitted development rules
• In addition, a prior approval application costs less than a normal planning application and takes much less time to reach a decision.

As the planning matters are substantially narrowed down with prior approval applications and planning policy is irrelevant, there is generally a much better chance of a successful outcome than there is for a standard planning application.

Contact us today if you require assistance with a prior approval application. Our initial advice is always free of charge.