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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
It is likely that you will require planning permission to extend an existing front porch to add a toilet.
Adding a porch falls within permitted development rights meaning an application for planning permission is not required provided specified limits and conditions are met. However, to fall under permitted development rights for a porch, the total ground area must not exceed three square metres. This is unlikely to be enough room to fit toilet and the required additional components.
Read the full rules for porches under permitted development on our mini guides.
If your porch exceeds these limits, it will be classified as an extension. These can be permitted development but come with a different set of rules.
Extensions are not permitted development if they are built forward of the ‘principal elevation’ of the house. As such, you will be required to submit an application for planning permission to your local planning authority.
If you live in a listed building, you will need listed building consent for any significant changes.
A single storey rear extension can fall under permitted development, meaning planning permission may not be required providing it meets certain criteria.
In terms of height, the extension must:
- Be no taller than four metres at its highest point
- Have eaves no higher than the eaves of the original house
- Not exceed the height of the original dwelling
Read about planning permission for extensions on Planning Portal
Yes, in most cases you can use an outbuilding as a home office without needing planning permission. As long as the use remains incidental to the main dwelling it is still considered part of your domestic residential use.
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.
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.
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