Updated March 2024

Most permitted development can be undertaken without the need to make an application to the local authority. However, in some instances, such as for certain agricultural or forestry development, demolition of buildings and some changes of use (for example, in England, office to residential), a prior approval process must be followed and an application submitted to the local authority.

The prior approval process means the applicant must seek approval from the local authority that specified elements of the development are acceptable and any necessary mitigation measures are adequate before work can proceed. The specified elements for prior approval vary depending on the type of permitted development but can include matters such as noise, transport and flood risk.

As the principle of the development will have already been established within the permitted development rights, the prior approval process is purposefully intended to be ‘light-touch’ with the local authority only able to consider the specified technical matters. As a result, the quantity of detail required to be provided is typically much less than under a planning application.

The statutory determination period for the local authority varies depending on the matter, but is typically either 28 days (for example with regards to agricultural and forestry development and demolition) or 56 days (for example, in England, office to residential), beginning the day after a valid application is received by the local authority.

In some, but not all, instances if the local authority does not notify the developer of their decision within the specified time period, the development can proceed as it can be assumed prior approval is given. There is a right of appeal if prior approval is refused.

Further information

Read more: In plain English: Permitted development

Contact Savills Planning