Consent types

Application for prior approval (also known as 'Prior notification')

The Town and Country Planning (General Permitted Development) Order 1995¹ (as amended)

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.

Prior approval cannot be gained retrospectively. If you intend to use this process you must apply for approval before beginning work.

Types of prior approval

While the process is broadly similar and there are many common elements, each specific permitted development right will have its own specific requirements for the prior approval application.

Electronic communications networks

Installation, alteration and replacement of relevant apparatus, ancillary development, and temporary placement of movable apparatus is covered in permitted development rights and requires a prior approval application. View additional guidance [PDF].²

Demolition

Certain demolition can be carried out under permitted development rights but requires a prior approval application. View additional guidance [PDF].³

Agriculture and forestry

Certain developments for agriculture or forestry have specific permitted development rights that require a prior approval application. These are:

• New buildings, or extensions/alterations to existing buildings
• Creating or altering a private road
• Excavations and/or the deposit of waste material
• Placing tanks, cages or other structures in water for fish farming

Note that these vary depending on the size of the agricultural unit. View additional guidance [PDF].⁴

Fees

• For agricultural and forestry buildings and operations: £100
• For demolition of buildings: £100
• For electronic communications networks: £460

What happens next

Work must not commence on the development until the local planning authority has issued its determination.

However, it is important that Prior Approvals are actioned quickly by the local planning authority as many will receive 'deemed consent' if the time period for a determination to be issued expires. By default, this is an 8-week period from when the application is received, but this can vary depending on the type of proposal and, in some cases, may be extended if all parties agree.

1. https://www.legislation.gov.uk/uksi/1995/418/contents
2. https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note_wales_en-prior_notification_telecoms.pdf
3. https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note_wales_en-prior_notification_of_proposed_demolition.pdf
4. https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note_wales_en-prior_notification_proposed_agricultural_or_forestry_development.pdf