CJT1963

To all, This is an update to my previous Prior Approval query. I applied for prior approval for a single storey rear extension due to it being a larger home extension (more than 4.0mtr's deep). This was subsequently given. I was under the impression this is effectively a discharge of a pre-commencement condition & does not necessarily mean the proposal is lawful, as there are other permitted development conditions to consider. I thought I could then apply for a Lawful Development Certificate, this was done. However, the case officer has stated they can't issue a LDC because it exceeds the limitation of permitted development (Part 1, Class A(f)) of the General Permitted Development Order 2015 (as amended). Therefore, is this correct, if so, is this explained somewhere in more detail why a LDC can't be processed ? As with most small rear extensions not extending beyond the rear wall of the existing dwelling by 4.00mtr’s, no formal planning is required, (subject to the various conditions) however, an application for a Lawful Development Certificate (LDC) can typically be submitted to confirm the proposal is lawful & offer some protection against enforcement action. If Prior approval doesn’t provide an applicant with certainty that the relevant terms and conditions of the GPDO have been met & is lawful in that regard, it seems smaller rear extension proposals that can attain a LDC provides more certainty than a Prior Approval that has been given !

To all, Although I submit quite a few planning applications in various forms for domestic extensions, alteration works & new build dwellings, I confess not to have undertaken a PRIOR APPROVAL APPLICATION. I've read a few articles on this subject & copy the main points as follows:- Prior Approval is not a permission in itself. The permission is contained in the GPDO. The GPDO makes it a condition of the permission that Prior Approval is obtained (or confirmed not necessary as appropriate). The act of securing a Prior Approval consent is effectively a discharge of a pre-commencement condition. Clear as mud right ! 🤔 Next: To be lawful, the development must still comply with the relevant terms and conditions of the GPDO. Granting of Prior Approval does not necessarily mean that the development complies with the GPDO. If it doesn’t comply, the granting of prior approval does not alter that. Granting Prior Approval simply means that the condition is satisfied. Therefore, for a typical rear single storey domestic extension that is considered to be Permitted development, but due to its depth, requires a PRIOR APPROVAL APPLICATION as a larger householder extension. Is this a legal requirement, i.e. do you need to apply to your Local Planning Authority, or can one consider a Certificate of Lawful Development application as an option instead ? The CoLD seems a more bullet proof direction, as PRIOR APPROVAL APPLICATIONS seem to be open to interpretation. I've also read if a proposal comes under PD rights, regardless of PRIOR APPROVAL, that Local authorities will accept it as a normal householder extension & deal with it anyway & they won't necessarily notify the applicant it came under Permitted Development. So, that also may be a better direction. If anyone has dealt with PRIOR APPROVAL APPLICATIONS by experience, or is Planning savvy on this matter, I'd like to hear your thoughts on this subject.

Hi Marvin, Thanks for the welcome. I think I've found a suitable forum area to post my PLANNING PRIOR APPROVAL query, so will do so later, subject to suggestions by other....🤔

To all, I’m a self employed architectural consultant located in South Devon & have just found the BuildHub/forum. As per forum rules, I will not use the forum for any commercial gain, in fact, I may be able to assist others with their queries in the architectural sector. I’m always’ learning myself & in that process, I wanted to pose a question to other planning/architectural types on the subject of PLANNING PRIOR APPROVAL, as ultimately, it should help everyone ‘Lay & Pro’ alike. I’m still navigating this forum as it appears to be split into various forum headings/subject matters & even sub headings, so I’ll try & find the most relevant forum area to post my query on PLANNING PRIOR APPROVAL.