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What is prior approval?

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.

Common Questions

Do you need planning permission to install an outside flue?

Fitting, altering or replacing an external flue, chimney, or soil and vent pipe is normally considered to be permitted development, not requiring an application for planning permission, providing certain conditions are met.

Read about the conditions which must be met to comply with permitted development rules.

Building regulations apply to installing a flue, and installation should be carried out by a suitably qualified installer.

Read about building regulations for flue installation.

Do I need planning permission to raise garden level?

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.

What rules apply to installing an extractor fan?

Whether you need planning permission to install an extractor fan depends on the size and placement of the fan.

For domestic installations, such as a bathroom or kitchen in your house, planning permission is not generally required. If the change significantly alters the external appearance of your home then permission may be required.

If you live in a listed building, you will need listed building consent for any significant changes.

Larger extractor fans for businesses are likely to require an application for planning permission to be made to the local planning authority. These extractors can impact the local area due to their noise, visibility and odour, as such the planning authority will need to assess the change.

Building regulations relating to ventilation and electrical works will have to be complied with, these are covered by Approved Document F and P respectively.

Read more about building regulations and the requirement for ventilation on our common projects.

What are non-material changes to an application for planning permission?

Following a grant of planning permission, it may be necessary to make amendments to the proposals that were originally approved. A non-material amendment may be applied for to approve a minor change to the planning permission which does not breach any conditions originally placed on the consent.

There is no statutory definition for ‘non-material’ as it can vary on a case-by-case basis. In general, if the change will increase the size, change the appearance of a development or have a large impact on other considerations then it will not be considered non-material.

Read more about this non-material amendment applications.

Can I convert my loft into a liveable space?

You may wish to make loft alterations to enhance the storage facilities available or to increase the living space of the home. Converting the loft of a house is considered to be permitted development (not requiring an application for planning permission) subject to certain limits and conditions.

Remember, building regulations approval is required to convert a loft or attic into a liveable space.

Find out about loft conversions

There are different rules for flats and maisonettes regarding loft conversions. Read guidance for converting the loft of a top floor flat.

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