Before we get into the detail, there is one important point we want to make. Whilst prior approval and permitted development rights can provide freedom and fast planning decisions, they can also be restrictive and complicated. However, if you can utilise your permitted development rights, it can result in a simpler process and act as a powerful fallback to support further development.
What does “permitted development” mean?
In its most basic terms, permitted development is development already granted permission at a national level allowing certain types of building work and changes of use to be carried out without having to seek full planning permission from the local planning authority.
However, permitted development rights are limited and subject to a myriad of conditions/parameters in order to be applicable. There are several types or ‘Classes’ of permitted development available, and some of these will require you to ask your local planning authority for prior approval before you can build your proposed development.
What does “prior approval” mean?
Some permitted development rights are only applicable where prior approval has been sought from the local planning authority before carrying out the work. Prior approval is a formal submission seeking approval from the local planning authority for specific elements of the development proposed.
There are different types of prior approval contingent on the type of development proposed. Depending on what you are seeking prior approval for, you could be required to submit information around the following aspects for the local planning authority to consider:
- Provision of natural light;
- The transport and highways impacts of the development;
- Flooding risk;
- Noise impact;
- Contamination risk.
Examples of the types of permitted development which require prior approval include (but are not limited to);
- Larger rear domestic extensions;
- Upward Extensions/Airspace development;
- Demolition of a building;
- New agricultural building or their extension or alteration;
- A change of use from an Agricultural building to dwelling/s;
- A change of Specified Sui Generis use to dwellinghouse;
- A change of Specified uses to a State-funded school;
- A change of use from an agricultural building to a “flexible commercial use;”
- A change of use from Class E to dwelling or mixed-use.
Key considerations for the prior approval process
The prior approval process is intended to be straightforward, with a limited number of issues for consideration. The statutory determination date for prior approval applications is 56 days. If the local planning authority has not made a decision within that time, the application is considered to be approved (unless you agree to an extension of time).
It is vital that you make sure your proposal falls within the conditions and parameters of the permitted development right being relied upon. If it does not, then the local planning authority may not determine your prior approval application leaving you to conclude that prior approval is approved. However, if your proposal does not qualify in the first place, your subsequent development could be unlawful.
As with all types of planning application, it is important to make sure that what you propose does fall within the parameters of permitted development and if so, that your prior approval application is supported with the necessary information at the time of submission to avoid delays to determination.
We can guide you through the above and work with you to ensure your submission is robust and properly supported with the necessary information. We can also advise on wider strategy and how/whether prior approval can underpin wider development proposals.
Contact our team to see how we can best assist. We look forward to helping you. In the meantime, see some of our more recent prior approval projects here.
About us
We are Plainview Planning, now part of McLoughlin Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, or call us on 01242 501003, providing the site address and a brief overview of your project. We look forward to helping you.
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