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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
Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.
The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.
To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.
If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.
Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.
Read more about planning and building regulations on Planning Portal.
Once you submit your application it will be considered by the local planning authority. The Planning Portal does not have access to the application once it is submitted.
You will need to contact your local planning authority to check on the progress of any submitted application. Many authorities now let you track the progress of applications on their own council websites.
Your local authority’s contact details and website address can be found by using our local authority search.
In many cases, you can build a porch without planning permission under permitted development rights, provided certain criteria are met. To qualify as permitted development, your proposed porch must:
- Not exceed three square metres in external ground area
- Be no taller than three metres in height
- Be located at least two metres away from any boundary with a highway
Read more about porches on Planning Portal
Adding a personal or commercial glamping pod will often require planning permission due to the size and permanence of the structure.
For personal use, whether you require planning permission depends on the size of the structure. If it’s placed in your garden, then it may be classed as an outbuilding and fall under permitted development rights. This only applies if it is not treated as a new living space which many glamping pods will be. Full details on outbuildings are available on our common project pages.
For commercial use, planning permission will be needed for the addition, where relevant this will also cover the change of use. An application should include any utilities connections or access roads that will be added alongside the pod.
Due to the complex nature of installing a glamping pod, we’d recommend talking to your local planning authority or our Planning Guidance Service.
If you want formal confirmation that the existing use of a building is lawful for planning purposes, or that your proposed development does not require planning permission, you can apply for a Lawful Development Certificate(LDC). An LDC can be useful in situations where you need assurance that a particular use, operation, or development is lawful under planning legislation.
Read more about Lawful Development Certificates.
Applications for a Lawful Development Certificate can be submitted online to your local council using Planning Portal. You must include enough detail and evidence to support your case; if the information is insufficient, your application may be refused.
