Prior approval is an important part of the planning process for certain types of permitted development in England. Permitted development rights allow specified forms of development to take place without submitting a conventional planning application, provided the relevant conditions and limitations are met. However, some permitted development rights require the local planning authority to consider specific aspects of a proposal before development can begin. This process is known as prior approval. The matters that can be considered vary depending on the permitted development right being used. They may include transport and highways, flooding, contamination, noise, natural light, design, or the effect of development on neighbouring properties.
Understanding whether prior approval applies to your project is therefore important before work starts. A project may benefit from permitted development rights but still require an application to the local planning authority. Studio Charrette provides planning and architectural support for homeowners, developers and landowners seeking to establish whether their projects qualify for permitted development and whether prior approval is required.
What Is Prior Approval?
Prior approval is a process where the local planning authority considers specified aspects of development before work can proceed under a relevant permitted development right. It is different from a full planning application.
With a conventional planning application, the local planning authority considers the proposed development against the relevant planning policies and material considerations. With prior approval, the authority’s assessment is generally restricted to the specific matters identified by the relevant permitted development legislation. This means that the local planning authority cannot simply use a prior approval application to reconsider every aspect of a proposal. The specific matters that can be considered depend on the permitted development right being relied upon. This is why it is important to identify the correct permitted development right before preparing an application.
When Is Prior Approval Required?
Prior approval is required for certain types of permitted development. It can apply to particular changes of use and other forms of development, including certain agricultural buildings, demolition, telecommunications equipment and specific forms of residential development. The exact requirements are set out in the relevant parts of Schedule 2 to the General Permitted Development Order. Examples can include:
- Certain commercial-to-residential conversions.
- Some agricultural development.
- Certain larger residential extensions.
- Specific upward extensions.
- Telecommunications development.
- Certain demolition works.
- Other development covered by specified permitted development rights.
The rules can change depending on the development category, the existing use, the proposed use and the characteristics of the site. A planning assessment should therefore be carried out before work begins.
Prior Approval Is Not the Same as Planning Permission
Prior approval and planning permission are related but different processes. Planning permission is generally required where development does not benefit from permitted development rights or another form of planning consent, whereas prior approval operates within certain permitted development rights. The principle of the development has effectively been established by the relevant permitted development legislation, but specified issues still need to be considered by the local planning authority.
GOV.UK describes prior approval as a relatively light-touch process because it applies where the principle of development has already been established. This distinction is important because applying for the wrong type of consent can create unnecessary delays and costs.
What Does the Local Authority Consider?
The matters considered depend on the relevant permitted development right.
Transport and Highways
Some prior approval procedures require consideration of transport or highway impacts. This can be particularly relevant where a change of use or new development could affect access, parking or traffic movements.
Flood Risk
Flooding can form part of the prior approval assessment for certain types of development. Where relevant, appropriate flood risk information may be needed to demonstrate that the proposal can satisfy the applicable requirements.
Contamination
Certain development rights require consideration of contamination risks. This may be particularly relevant where a site has a previous commercial, industrial or other use that could have resulted in contamination.
Natural Light
For certain residential developments, the provision of adequate natural light to habitable rooms can be a relevant prior approval matter. This makes the design and layout of a proposed conversion particularly important.
Noise
Noise can be relevant where a proposed change of use could expose future occupants to unacceptable noise or where commercial activity could affect residential use.
Design and Appearance
Certain permitted development rights allow the local planning authority to consider external appearance or design. The scope of this assessment depends on the specific legislation.
Neighbouring Amenity
Some prior approval procedures allow consideration of the effect on neighbouring properties, including issues such as overlooking, privacy or loss of light. The authority’s consideration must remain within the matters specified for that particular permitted development right.
Prior Approval Application Process
1. Establish Eligibility
The first step is determining whether the proposed development qualifies under the relevant permitted development right. This can involve reviewing the property’s existing and previous uses, the planning history, dimensions, previous development and site designation. Planning Portal guidance highlights the importance of establishing eligibility before addressing the specific prior approval matters.
2. Review the Planning History
The property’s planning history can reveal previous permissions, refusals, conditions and development that may affect the current proposal. This is particularly important where previous extensions or changes of use have taken place.
3. Check Site Constraints
Relevant constraints may include:
- Conservation area status.
- Listed building status.
- Article 4 Directions.
- Green Belt.
- Flood risk.
- Heritage considerations.
- Highway restrictions.
Permitted development rights can also be restricted or removed in certain circumstances, including through Article 4 Directions or planning conditions.
4. Prepare Architectural Drawings
Drawings are often required to demonstrate the proposal. Depending on the project, these may include:
- Site location plans.
- Existing floor plans.
- Proposed floor plans.
- Existing elevations.
- Proposed elevations.
- Site plans.
- Other relevant drawings.
Studio Charrette’s Architectural Design Services can support the preparation of appropriate planning drawings.
5. Prepare Supporting Information
The supporting information depends on the applicable permitted development right. Additional reports or evidence may be necessary where matters such as flooding, contamination, fire safety, transport or natural light need to be considered. Planning Portal advises that insufficient information can lead to requests for further information or refusal.
6. Submit the Application
The application is submitted to the relevant local planning authority. It should clearly identify the permitted development right being relied upon and provide the information needed to demonstrate compliance.
7. Local Authority Assessment
The authority considers the specified prior approval matters. It should not use the process to reconsider matters outside the scope of the relevant permitted development right.
8. Receive the Decision
The outcome will depend on the applicable procedure and the authority’s assessment. For some permitted development rights, failure to issue a decision within the specified period may have consequences for whether development can proceed. The exact rules vary, so the applicable legislation should always be checked.
Can Prior Approval Be Refused?
Yes. Prior approval does not mean that the authority must automatically accept the proposal. If the relevant prior approval matters are unacceptable, the authority may refuse the application. The reasons for refusal should be reviewed carefully because they can determine whether amendments, another planning route or a different development strategy should be considered.
It is also important to remember that prior approval cannot be obtained retrospectively. If you intend to rely on a permitted development right that requires prior approval, the application must be made before the relevant development begins.
Common Prior Approval Mistakes
Several issues can cause problems with prior approval applications.
Assuming Permitted Development Means No Application Is Required
This is one of the most common misunderstandings. A development can benefit from permitted development rights and still require prior approval.
Failing to Check the Correct Use Class
Changes of use can depend heavily on the existing and proposed uses. The planning history and relevant use classifications should therefore be established carefully.
Ignoring Article 4 Directions
An Article 4 Direction can remove specified permitted development rights.
A site should therefore be checked before relying on permitted development.
Providing Incomplete Information
Drawings and supporting documents need to demonstrate the proposal clearly. Incomplete information can result in delays or requests for further evidence.
Starting Work Too Early
Where prior approval is required, work should not begin before the applicable process has been completed.
Why Professional Support Matters
Prior approval can appear simpler than a full planning application, but the rules can be highly specific. The main challenge is often not simply preparing the application. It is identifying the correct permitted development right and understanding exactly what the local authority is entitled to consider. Professional planning support can help establish:
- Whether permitted development rights apply.
- Whether prior approval is required.
- Which matters need to be addressed.
- What drawings are required.
- What supporting documents may be necessary.
- Whether site constraints affect the proposal.
This can help reduce the risk of relying on the wrong planning route.
Why Choose Studio Charrette for Prior Approval?
Studio Charrette combines planning and architectural expertise to support residential and development projects. Our services include:
- Prior approval.
- Planning Permission.
- Permitted development advice.
- Architectural design.
- Planning appraisals.
- Change of Use Planning Permission.
- Building Control support.
- Structural drafting.
- Planning Statements.
This integrated approach allows planning and design considerations to be assessed together. Our team can help you understand the applicable planning route, prepare the required drawings and supporting information, and progress your application.
Move Forward with the Right Planning Route
Prior approval can provide an efficient route for certain types of permitted development, but it is subject to specific eligibility requirements and planning considerations. Before starting work, it is important to establish whether your project qualifies for permitted development and whether prior approval is required. The correct assessment at the beginning can help avoid unnecessary applications, delays and potential enforcement issues.
Ready to assess your development proposal? Contact Studio Charrette to discuss your prior approval requirements with our planning and architectural team.
Frequently Asked Questions
Is prior approval the same as planning permission?
No. Prior approval applies to certain forms of permitted development and is generally limited to specified matters.
Does every permitted development project require prior approval?
No. Only certain permitted development rights require prior approval.
Can prior approval be refused?
Yes. The authority can refuse prior approval where the relevant specified matters are unacceptable.
Can prior approval be applied for retrospectively?
No. Prior approval must be obtained through the applicable process before development begins.
Do I need drawings for prior approval?
The requirements vary, but drawings are commonly needed to demonstrate the proposed development.
Can Studio Charrette help with prior approval?
Yes. Studio Charrette can assess your proposal, prepare planning drawings and supporting information, and assist with the application process.
