Certain types of development are granted planning permission by national legislation without the need to submit a planning application. This is known as 'permitted development'. In order to be eligible for these permitted development rights, each 'class' specified in the legislation has associated limitations and conditions that proposals must comply with.

One such condition on certain classes of permitted development is the need to submit an application to the local planning authority for its 'prior approval; or to determine if it’s 'prior approval' will be required.

This allows the local planning authority to consider the proposals, their likely impacts in regard to certain specific factors (e.g. transport and highways) and how these may be mitigated.

For more information on prior approval, read guidance on prior approval consent types.

‍

Raising your garden level a small amount is likely to not require planning permission as it is likely to have minimal impact on the chances of flooding or overlooking your neighbours.

Increases of over 30cm may require planning permission as a significant change can impact drainage or your neighbours. If the changes are close to a boundary, you should consider whether it will overlook your neighbours or be intrusive.

You should contact your local planning authority to understand whether your proposed changes will require planning permission.

‍

Adding an internal wall will not require planning permission or building control approval in most cases. If the building is listed, then you may require listed building consent to make a major alteration to the house.

Any work completed should adhere to building regulations, ensuring fire routes, electrics and ventilation are considered.

Changing from a commercial use (use class E) to residential(use class C3) falls under permitted development rights, meaning an application for planning permission is not required.

To use the permitted development right you must meet the rules and regulations set out in legislation, this includes submitting an application for prior approval to the local planning authority. The full list of conditions is available on the government website, or our online application form will tell you whether you are eligible.

If you are not eligible for the permitted development right, you will have to submit an application for full planning permission.

Find out more about change of use

Many trees are protected by Tree Preservation Orders (TPO) which means that, in general, you need the council's consent to prune or fell them.

A TPO is placed on a tree, group of trees or woodland with the aim of protecting them. The following is prohibited on a protected tree, without the local planning authority's (LPA) consent:

- Felling

- Topping

- Lopping

- Uprooting

- Wilful damage/destruction

Owners of the trees must maintain their trees, and an LPA will often encourage good tree management. However, they are unable to require maintenance work just because a tree falls under a TPO.

If you wish to complete work on a tree under a TPO you will be required to submit an application to the local planning authority. For full details on this application type, read guidance about works to trees and the application process.

‍