If you are planning an extension, converting a commercial building or changing the use of a property, you may have come across the term prior approval. You may also be wondering whether it is the same as planning permission and whether you need to obtain it before starting work.
Prior approval is an important part of certain permitted development rights. It allows specific types of development to proceed without a full planning permission application, provided the relevant requirements are met and any necessary prior approval process is completed.
However, permitted development does not always mean that you can begin construction or introduce a new use immediately. Depending on the type of development, you may need to submit information to the local planning authority and receive its decision on particular planning considerations.
Understanding how the process works is essential. Choosing the wrong application route or starting work before completing the required steps can create avoidable planning complications.
At Expert Planning Consultants, we help property owners and developers understand the planning requirements affecting their projects and identify the most appropriate route forward.
This guide explains what prior approval planning means, when it is required, what the council may consider and how to prepare an application.
What Is Prior Approval in Planning?
Prior approval is a process associated with certain permitted development rights. It allows the local planning authority to assess specified aspects of a proposed development before it proceeds.
Some development can take place without a full planning permission application because it falls within a permitted development category. However, certain categories have additional requirements that must be satisfied.
These requirements may involve submitting an application or notification to the local planning authority so it can consider particular matters relevant to the proposal.
The matters assessed depend on the type of development. They may include:
The authority does not necessarily assess every aspect of a proposal in the same way as it would under a full planning application. Its consideration is generally limited to the matters specified for that particular permitted development category.
This distinction is important because the requirements for a prior approval application can vary considerably depending on the project.
Before submitting a prior approval application, it is important to understand the permitted development rules that apply to your project. Our guide to Permitted Development UK explains the relevant principles and why some developments require additional approval before work can proceed.
Is Prior Approval the Same as Planning Permission?
No. Prior approval and full planning permission are different planning procedures.
Full planning permission involves a wider assessment of a proposed development against relevant planning policies and material considerations. It is generally required where a project does not qualify under permitted development rights or another applicable consent route.
Prior approval, on the other hand, relates to development that may already be permitted in principle under a particular permitted development right. The local planning authority considers the specific matters identified by the relevant rules.
However, this does not mean that prior approval is automatically granted or that every permitted development proposal can proceed without further checks.
The development must still satisfy the applicable permitted development requirements. Where prior approval is required, the relevant procedure must also be completed.
For this reason, it is important to establish whether your project needs full planning permission, prior approval or another form of planning confirmation before proceeding.
When Is Prior Approval Required?
Prior approval applies to particular categories of permitted development. The requirements depend on the nature of the proposed work and the relevant permitted development right.
The following are examples of projects where prior approval may be relevant.
1. Larger Home Extensions
Some larger single-storey rear extensions may be carried out under permitted development rights, subject to additional requirements.
Where the proposal falls within the relevant larger home extension procedure, the homeowner must notify the local planning authority and provide the required information.
The authority may then consult neighbouring properties and consider the specified impacts of the proposed extension.
This can include matters such as the effect on the amenity of adjoining properties.
It is important to distinguish this process from the standard permitted development requirements for smaller extensions. A larger extension may qualify under a particular route but still require the prior approval procedure to be completed.
If you are considering extending your home, the proposed dimensions, existing property and surrounding circumstances should be reviewed before deciding which application route applies.
2. Commercial to Residential Conversions
Certain changes from commercial premises to residential use may be possible under permitted development rights, subject to specific conditions and limitations.
Depending on the applicable route, prior approval may be required so that the local planning authority can consider matters associated with the proposed conversion.
These may include transport and highways, contamination, flooding, noise and the provision of natural light. The relevant requirements depend on the existing use of the building and the particular permitted development category being relied upon.
A commercial building should not automatically be assumed to qualify for conversion without a full planning application. The property’s lawful use, previous planning history and the proposed residential arrangement all need to be considered.
3. Agricultural Building Conversions
Some agricultural buildings may be converted to alternative uses under permitted development rights.
However, these rights are subject to detailed requirements. The building, its previous use, the proposed conversion and any relevant restrictions must be assessed.
Prior approval may be required for specified matters, depending on the conversion route.
For property owners considering the conversion of agricultural buildings, early planning advice can help establish whether the proposal is suitable for this route or whether a different application is necessary.
4. Commercial Building Changes of Use
Some changes involving commercial premises may also fall within permitted development provisions that require prior approval.
The authority may need to consider particular effects of the proposed change, including transport, noise or other matters identified under the relevant procedure.
The fact that a building is already used for commercial purposes does not mean that every alternative commercial or residential use can be introduced without planning permission. The existing use and proposed activity must be established before the correct planning route can be identified.
What Does the Council Consider During a Prior Approval Application?
The local planning authority does not assess every prior approval application in the same way. The matters it can consider are determined by the specific permitted development right.
Understanding these matters is important because the supporting information should address the issues relevant to your proposal.
Transport and Highway Impacts
Some permitted development routes require the authority to consider the effect of a proposal on transport and highways.
For example, a change of use or development may affect access arrangements, parking requirements or the surrounding road network.
Where this consideration applies, the application may need to explain how the proposed development will operate and whether any transport-related concerns are likely to arise.
Flood Risk
Flood risk may be relevant to certain types of development, particularly where a proposal involves a change of use or the conversion of an existing building.
The authority may need information about the site’s flood risk and the potential implications of the proposed development.
The evidence required will depend on the location and the relevant prior approval procedure.
Noise Impact
Noise can be an important consideration where a proposed change of use may introduce activities that affect neighbouring properties or future occupants.
For example, a conversion involving residential accommodation may require consideration of noise from nearby commercial or other activities.
Where relevant, the authority may require supporting information to understand the potential impact.
Contamination
Where a site has a previous commercial or industrial use, contamination may need to be considered under the relevant prior approval requirements.
The authority may request information to establish whether there are potential risks associated with the site’s previous use and proposed development.
Natural Light
For certain conversion proposals, the provision of adequate natural light to habitable rooms may form part of the prior approval assessment.
The proposed internal layout, window arrangements and available light can therefore be important when preparing the application.
Not every prior approval route includes all these considerations. It is essential to identify the exact requirements that apply to your project rather than preparing documents based on a general checklist.
What Documents Are Needed for Prior Approval?
The information required will depend on the type of development and the matters the authority is permitted to assess.
However, a prior approval application may involve the following documents.
Existing and proposed drawings: These help the authority understand the current building or site and the changes being proposed. Depending on the project, drawings may include floor plans, elevations and site plans.
Location and block plans: These identify the property’s position and show the site in relation to its surroundings.
Description of the proposed development: The application should clearly explain the work or change of use being proposed.
Supporting reports: Certain projects may require specialist information, such as transport assessments, noise reports, flood risk information or contamination assessments.
Application and ownership information: The relevant forms, property details, declarations and other required information must also be provided.
The documents should be consistent and accurately reflect the proposal. Missing information or unclear drawings can result in delays while the local planning authority requests clarification.
How Does the Prior Approval Planning Process Work?
Although the process varies depending on the development category, there are several stages that generally need to be considered.
Step 1: Establish Whether Your Project Qualifies
The first step is to establish whether the proposed development falls within a permitted development right that includes a prior approval procedure.
This involves reviewing the property’s existing use, planning history, location, and the details of the proposed work.
It is also important to identify any restrictions or conditions that could prevent the permitted development right from being used.
Step 2: Identify the Relevant Prior Approval Requirements
Once the appropriate route has been identified, the specific matters that the authority can assess must be established.
This determines what information and supporting documents will be needed.
For example, a proposal involving a change of use may require different evidence from a larger rear extension.
Step 3: Prepare the Drawings and Supporting Information
The necessary drawings, application details and reports can then be prepared.
The quality of the submission is important because the authority needs enough information to understand the proposal and assess the relevant matters.
Where specialist reports are required, these should be considered early to avoid delays.
Step 4: Submit the Application
The completed application is submitted to the relevant local planning authority, together with the required supporting documents.
The authority will check the submission and determine whether it contains the information needed for validation.
Step 5: The Council Assesses the Proposal
Once validated, the authority will consider the matters relevant to the particular prior approval procedure.
Depending on the development category, it may consult neighbours or other relevant parties.
The authority may also request clarification or additional information where necessary.
Step 6: Receive the Decision
The authority will issue its decision in accordance with the applicable procedure.
If prior approval is granted, the development may proceed subject to the relevant permitted development requirements and any applicable conditions.
If prior approval is refused, you should review the reasons carefully. Depending on the circumstances, it may be possible to amend the proposal, submit further information or consider a full planning application.
How Long Does Prior Approval Take?
There is no single determination period that applies to every prior approval application.
The timescale depends on the type of development, the relevant procedure and whether additional information or consultation is required.
Some procedures have specific decision periods, while others involve different notification and assessment requirements.
It is therefore important to establish the applicable timetable before planning construction or arranging contractors.
You should also remember that submitting an application does not automatically mean that you can begin work immediately. The relevant procedure must be completed, and any applicable conditions or restrictions must be satisfied.
At Expert Planning Consultants, we can help review the requirements affecting your project and identify the steps that need to be completed before development begins.
What Happens If Prior Approval Is Refused?
If the local planning authority refuses prior approval, you should first understand the reasons for its decision.
The refusal may relate to a specific issue, such as the impact on neighbouring properties, transport considerations, flooding or another matter relevant to the application.
The available options will depend on the development category and the circumstances of the refusal.
You may be able to:
It is important not to assume that a full planning application will automatically be approved if prior approval has been refused. The proposal will need to be assessed on its own planning merits.
Common Prior Approval Mistakes to Avoid
A number of issues can arise when property owners assume that permitted development rights mean there is no further planning procedure to complete.
Assuming Prior Approval Is the Same as Permitted Development Confirmation
A proposal may fall within a permitted development category but still be subject to prior approval requirements.
Failing to complete the necessary procedure can create planning complications.
Starting Work Too Early
Some prior approval routes require a decision or the completion of a specified notification period before development can begin.
Starting work without checking the applicable requirements can expose you to unnecessary risks.
Submitting Incomplete Information
Missing drawings, unclear descriptions or insufficient supporting reports can delay the application.
The information should be prepared with the specific assessment requirements in mind.
Overlooking Restrictions on the Property
Previous planning conditions, the property’s designation and other site-specific circumstances may affect whether permitted development rights are available.
A proposal should therefore be assessed in the context of the individual property rather than relying on examples of similar projects elsewhere.
Get Professional Advice on Your Prior Approval Application
Prior approval can provide a useful route for certain types of development, but understanding whether it applies to your project requires careful consideration of the relevant planning provisions.
At Expert Planning Consultants, we help homeowners, landlords, property investors and developers understand their planning requirements and identify the appropriate application route.
Our team can review your proposal, consider the property’s planning history and advise whether prior approval, full planning permission or another route may be required. Where a prior approval application is appropriate, we can assist with preparing the necessary drawings and supporting information and managing the submission process.
Obtaining advice before committing to construction or a property conversion can help you understand the requirements and avoid unnecessary delays.
Frequently Asked Questions
Do I need planning permission if prior approval is required?
Prior approval is associated with certain permitted development rights, so a full planning permission application may not be necessary if all the relevant requirements are satisfied. However, the prior approval procedure must still be completed where required.
Can I start building while my prior approval application is being considered?
You should not assume that you can begin immediately after submitting the application. The applicable procedure may require the authority’s decision or completion of a specified period before development can proceed.
Is prior approval always granted?
No. The local planning authority can refuse prior approval where the relevant requirements are not satisfied. The outcome depends on the proposal, the applicable procedure and the information submitted.
Can I apply for prior approval myself?
Yes. You can submit an application yourself, provided you understand the relevant permitted development requirements and provide the necessary information. However, professional assistance can be useful where the proposal is complex or requires specialist supporting documents.
What happens if I carry out development without prior approval?
If prior approval was required and the necessary procedure was not completed, you may face planning difficulties. The appropriate next step will depend on the circumstances and whether the development can be regularised.
Is prior approval required for every permitted development project?
No. Only certain permitted development categories involve a prior approval procedure. Other projects may be able to proceed under permitted development rights without this additional process, provided all applicable requirements are met.
Can prior approval be refused even if my project falls within permitted development?
Yes. Some permitted development rights allow the authority to assess specified matters before the development proceeds. If the relevant requirements are not satisfied, prior approval may be refused.
Take the Right Planning Route Before You Begin
Prior approval can be an important part of progressing a development under permitted development rights. However, the requirements vary depending on the type of project, and it is essential to establish the correct procedure before starting work.
Whether you are planning a larger home extension, converting commercial premises or considering an agricultural building conversion, understanding the planning position early can help you make informed decisions.
Contact us today to discuss your project and find out how we can help you progress your prior approval application. We can assess your proposal, advise on the appropriate planning route, and assist with preparing and submitting the necessary application.