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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
If an outdoor kitchen is not a permanent structure, then planning permission will normally not be required.
Where planning permission is required, it may be granted through permitted development rights, provided it meets the limits set out in legislation. Most outdoor kitchens fall within the set limits unless they are particularly tall or close to a boundary.
While there is no specific permitted development right for ‘outdoor kitchens’ it may be classified as an ‘outbuilding’.
You can view the limitations for outbuildings and outdoor kitchens in the relevant common project
If the structure exceeds the limits set out through permitted development rights, then it will require an application for planning permission.
Different rules may apply if you live in a listed building or conservation area. If this is the case, you may wish to consult your local planning authority.
Read about the building regulations that cover outdoor kitchens.
Bricking up or infilling an existing window is classified as permitted development, meaning an application for planning permission is not required to complete the works. You will need to ensure that any materials used are of a similar appearance to the existing exterior of the house.
If you live in a listed building, then you will require planning permission and listed building consent for the change. In this instance it is best practice to talk to your local planning authority first.
An improvement notice is a notice served by a local authority requiring a property owner to carry out specified works to bring a building into compliance with the legal standards. These are most commonly served to landlords to make a building safe.
The notice will specify what works should be completed and when it should begin and be completed by.
Failure to comply with an improvement notice is a criminal offence.
To qualify as permitted development some household building work projects – notably extending a house – must not exceed limits to the volume being added.
In England, the volume allowance mostly applies to loft conversions. You can read more on the Planning Portal.
Use the volume calculator to find out the volume of several loft conversion and extension types.
A bin store is classed as an outbuilding, these fall under permitted development rules meaning they are allowed as long as they adhere to a set list of rules. However, one of these rules is that outbuildings cannot be placed in front of the principal elevation*. As such, you will be required to apply for planning permission to build a bin store or any permanent structure in your front garden.
Read more about the rules for outbuildings.
Principle elevation - The most visible or prominent side of a structure, typically facing a street or public area. While often considered the 'front' of the building, it may not always contain the main entrance.
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