Prior Approval: What is it and how does it work in practice?

 

Permitted Development?

Permitted Development can be defined as a type of small-scale development that should not require any formal planning permission.

However, permitted development rights are subject to a myriad of conditions, so it isn’t as straight forward as you might imagine at first glance. There are also numerous types of permitted development rights available which apply to various building types and uses, with some of these you are required to go through the prior approval process by applying to the Local Planning Authority to confirm it meets the criteria to constitute permitted development before you can start your proposed development. Remember that if you undertake the work without seeking prior approval you cannot apply retrospectively for prior approval, you will need to seek full planning permission and the LPA can then can then consider all factors and not just those limited issues they are allowed to consider under the prior approval process.

 

Prior approval?

Prior approval is a formal submission to your local planning authority and the purpose of it is to seek confirmation that specified parts of a development are acceptable, before work starts.

There are several different types of prior approval which require various levels of detail before a Council will assess a proposal.  Depending on what you are seeking prior approval for, you could be required to submit information on a wide variety of aspects of the proposal, including:

  • Design and external appearance;
  • The transport impacts of the development;
  • Flooding information.

 

There are several types of permitted development which require prior approval. Examples include:

  • A change of use from various shop types to a restaurant or cafe;
  • A change of use from various shop types to a leisure use;
  • A change of use from a light industrial use to a house;
  • A change of use from an agricultural building to a house;
  • A change of use from an agricultural building to a “flexible commercial use.”

 

The prior approval process is supposed to simplify the planning process and speed it up allowing developers to get on site quickly. In reality it has added an extra layer of complexity to the planning process by effectively introducing a halfway house between permitted development and the need to apply for planning permission.

 

Whilst it was originally envisaged as a straightforward process with prior approval decisions being made by the Council quickly, often a failure to as supply the necessary information required has meant LPA turning down prior approval proposals resulting in delays with fresh applications having to be made as the process is effectively a notification process which means LPA’s can’t invalidate prior approval applications thus forcing them to make a decision. Employing a Planning Consultant to submit your Prior Approval proposals can therefore save you time and expense as we can guide you through the process and ensure that the Council have all the prerequisite information required to give you a speedy and positive outcome.

 

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We are MPD Built Environment Consultants based in the North of England.   We cover many locations including Greater Manchester, Lancashire, Cheshire, Merseyside and beyond.  With over 30 year’s experience in all aspects of Planning, our team include Chartered Planners and Surveyors.  We are members of RICSRTPIIHBC and various other bodies giving you confidence in the work we do.

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