Prior approval vs. permitted development Rights: Navigating the English Planning System
Permitted development is quite a simple idea at first - it's what you can do to your house or business without asking for permission, as long as you stick to the rules. But then there's prior approval. How does it come into play? Let's explain.
We all know getting permission in the planning system can be a tough nut to crack. That's why the idea of permitted development rights, including the type known as prior approval, can be appealing – they seem like a simpler way to skip through the usual planning hurdles.
However, like many things tied to planning, it's not entirely straightforward. Permitted development rights let you make some changes to a building without going through the usual rigmarole of getting planning permission. The government says these rights come from a blanket permission given by Parliament, rather than getting a specific yes from the local planning authority for each case.
Where do these rights come from?
These rights come from a piece of law called the Town and Country Planning (General Permitted Development) (England) Order 2015. The main idea behind this was to make it easier for businesses to change things up as customer needs change, to get more homes built quicker, to allow for bigger extensions at homes and businesses, and to get people to reuse buildings in a green way.
This law sets out different categories for specific permitted development rights – for example, Class A of Part 1 talks about “making a house bigger, better or other changes to it.” Schedule 2 of this order, lays down the rules for each category to decide if a project can use that permitted development right.
Some types of permitted development require you to get what's called prior approval from your local planning council before you start any work. So, to make it clear, prior approval is a kind of permitted development, but it's a bit more complex than what you'd call standard or simple permitted development. With prior approval, sometimes your neighbours can have a say, sometimes you have to give the council more information to put their minds at ease, and sometimes the council officers have decisions to make. Sometimes, it's a mix of all these, making it feel closer to a full-blown planning application.
Yet, prior approval is still under the umbrella of permitted development - and that’s where the confusion often lies. If you’ve used permitted development to put up a garden shed before and think prior approval will be just as straightforward, you might get a shock. In this blog post, we’ll try to explain clearly what the laws around both types actually say and what they mean for homeowners and developers in real terms.
What is permitted development?
In the UK, owning a property doesn't automatically let you change its outside look, redevelop it, or switch its use. The right to do these things is held by the government, so if you want to make changes, you need to get planning permission from your local council.
But, it would be a big time-waster if you had to get an official okay for small things like putting up a garden shed. So, permitted development rights were introduced to set rules for simple changes. Follow these rules and you won't need planning permission. Over the years, more and more things have been added to what's covered by these rights.
RESTRICTIONS ON permitted development
Some specific places around the UK have rules that limit permitted development rights, so you'll probably need to get full planning permission to make the changes you want.
These special places include:
Conservation areas
National parks
Areas of outstanding natural beauty
World Heritage Sites
The Norfolk or Suffolk Broads
Local councils can also put in place something called Article 4 directions to take away certain permitted development rights in a particular area. They often do this if they want to keep the special character of a really important area. What rights they take away depends on what they're trying to preserve - they might stop you from putting up outbuildings but let you do extensions, or vice versa.
It's worth mentioning that houses and flats made through permitted development rights – including those changed in use – can't then use household permitted development rights for extra changes like an extension. Also, some quite new homes - especially those built in the 2000s and 2010s - had their permitted development rights taken away in a planning condition when they got the go-ahead to be built.
On the flip side, if your place isn't in one of these situations, then you'll probably have some permitted development choices open to you. Now, let's explore what these are.
Permitted development rights for house extensions
Under Part 1 Class A of the General Permitted Development Order, which lets you make your house bigger, better or change it in other ways, you can go for single-storey extensions at the back, double-storey extensions at the back and single-storey extensions at the side without having to ask for planning permission – and in most cases, you won’t even need prior approval.
There are a few rules to follow though. For example, if you're extending at the back and it's just one storey, it can be up to 3 metres deep if you have a terrace or semi-detached house, and up to 4 metres deep if your house is detached, without needing to apply for planning or prior approval.
In these situations, the extension can’t be higher than 4 metres or the top part of your house. The materials used should look similar to what your house is made of, and the extension can’t stick out past a side that faces a road or the main front part of your original house. (Just to clarify: by “main front part”, we usually mean the side of your house with the front door - although it can get a bit tricky, like if your house faces a road but the main entrance is on the side).
With the basic type of permitted development, you don't need to sort out any planning paperwork before or after (though you'll still need to get building regulations approval). However, it's a good idea to get a certificate of lawful development to show you're following the rules - this can come in handy when you're remortgaging or selling the house. Some councils have now got automatic systems to help you check that what you want to do is within the rules.
Most homeowners have the right to construct loft conversions (subject, again, to specific limitations), porches and outbuildings. However, none of these come with a prior approval version.
Prior approval for house extensions
If you are wanting a larger extension, you'll need to go for prior approval. This opens up the way for:
Extending detached houses 8 metres to the back
Extending all other houses 6 metres to the back
To get this sorted, you’ll need to submit a prior approval application with bits of info like:
A written run-down of what you want to do, including how far the extension sticks out from the back wall of the original house, along with its height at the edges and at the tallest part
A site plan showing the planned extension; and
The addresses of any neighbouring properties, including those at the back
You’ll also need to share your contact details and PAY a standard council fee.
During the prior approval stage, neighbours can have their say on the planned extension for a span of 21 days. If none of the next-door neighbours kick up a fuss, then the council will bear this in mind when deciding if the effect on nearby properties is right.
The council can't mull over any other issues, which is why a prior approval application isn't as tough as a full-on planning application.
Building upwards
Think of this as a shift from a straightforward checklist to a scenario where human discernment holds sway. In 2020, the government introduced a range of permitted development through prior approval rights for adding up to two more storeys - be it flats atop existing blocks, over businesses, or extending homes. This, however, was only for buildings erected between 1948 and 2018.
Yet, the announcement stirred quite a buzz (or a panic, depending on where you stood). This wasn't akin to the sort of permitted development granting you the ease to add a 3m extension or a garage. There existed a lengthy array of prerequisites, often venturing into significant concerns like parking. This paved the way for councils to easily decline if they so wished. And as it unfolded, a lot of them indeed wished to decline anything so major that sidestepped their policies.
What's more, the legislation empowered councils to evaluate the aesthetic of the building - implying this wasn’t merely about adhering to guidelines, but also meeting the subjective (human) evaluation of the planning department personnel. There brewed a hefty confusion on whether the judgement was solely on the building's appearance... or its appearance in relation to its surroundings. In time, a court case clarified the latter, suggesting to many experts that such applications would only see the light of day if a planning application would've been greenlit in the first place.
diverging paths
The core difference between Permitted Development and Prior Approval boils down to the level of scrutiny involved. PD rights provide a relatively straightforward route for minor developments, bypassing the need for formal planning permission. On the other hand, Prior Approval necessitates a detour, where specific aspects of the development are evaluated by the local planning authority, ensuring a harmonious blend with the surrounding community and adherence to planning standards.
The realms of Prior Approval and Permitted Development are quintessential components of the UK's planning system, each with its own set of rules and implications. By demystifying these terms, homeowners and developers can tread the path of property development with a clearer vision, making well-informed decisions that align with both their aspirations and the legal framework. Through a thorough understanding of these processes, the journey from blueprint to brick and mortar can become a less daunting venture, paving the way for successful and compliant developments.