PRIOR APPROVAL APPLICATIONS

[CJT1963]

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.

[Marvin]

What a mess!

[MikeSharp01]

Eeeeeeeek!

[DevilDamo]

CoL applications (for rear extensions) relate to 3m and 4m respectively. When taking advantage of the 6m/8m depths require Prior Approval. In submitting a CoL application for a 6-8m single storey rear extension (without PA) would be refused.

Edited March 14, 2022 by DevilDamo

[Ferdinand]

Picking up DD's point, I interpret Prior Approval for the oversized extensions (though TBH I though it was a time limited thing and the law had expired) as "Extra Consultation in Advance to make the process simpler further on if you need the extra size, to avoid a full planning all in those circs and use PD".

 

I think the history is that it came in for oversized PD extensions to reduce the need for full PP, to help smooth the way out of the crisis in 2013.

 

Is this a helpful summary over at the DB wiki?

 

https://www.designingbuildings.co.uk/wiki/Prior_approval_for_permitted_development

 

[Temp]

My understanding is that you submit your Prior Approval Application and if nobody objects you get the go ahead. If there are objections its effectively treated as a planning application and the planners decide if its OK. 

 

I don't believe you can apply for a CoLD instead. Those are determined by checking the proposal meets planning law. I'd be surprised if planning law doesn't require a prior approval application for large extensions. 

[Temp]

OK so these are links to relevant sections of the planning portal rather than the actual legislation but they explain how the government intended it to work....  

https://www.planningportal.co.uk/planning/planning-applications/consent-types/prior-approval

Quote

 

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.

 

 

https://www.planningportal.co.uk/permission/common-projects/extensions/planning-permission

 

Quote

Where not on Article 2(3) designated land* or a Site of Special Scientific Interest; and subject to ‘prior approval’, the limit for single-storey rear extensions is increased to eight metres if a detached house; or six metres for any other house.

 

https://www.planningportal.co.uk/permission/common-projects/extensions/prior-approval

Quote

 

If you wish to build an extension of this size, you must apply to the local authority, who will then consult the adjoining neighbours to advise them of your proposals.

 

If your neighbours raise any concerns or objections, the local authority will be required to determine if the proposal’s impact on the amenity of all adjoining properties is acceptable and, based on this, whether it can go ahead.

 

 

 

[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 !
 

[DevilDamo]

I came across this rather old post by searching Google for something else.

 

The Planning Officer in your case was wrong as was one of mine on a previous project. The Prior Approval process is a notification and not a formal certificate. This is confirmed on all, if not the majority of Prior Approval decisions…

 

“This written notice indicates that the proposed development would comply with condition A.4 of Schedule 2 Part 1 Class A of the Town And Country Planning (General Permitted Development)(Order)(England) 2015. It is important to note that this written notice does not indicate whether or not the proposed development would comply with any of the other limitations or conditions of Schedule 2 Part 1 Class A. If you want confirmation that the proposed development would be lawful (e.g. on the basis that it would comply with all of the limitations and conditions of Schedule 2 Part 1 Class A), then you should submit an (optional) application to the local planning authority for a Lawful Development Certificate (LDC).”