Prior approval is not the same as a normal planning application. It applies where national permitted development rights grant the principle of development, but require the council to approve specific details first. The council's assessment is narrower than full planning permission and depends on the exact permitted development class being used.
If a prior approval notice appears near you, the deadline and the type of prior approval matter. Find the application record first: search planning applications by postcode.
The Practical Answer
| Process | What the council considers |
|---|---|
| Full planning permission | The whole proposal against the development plan and material considerations |
| Prior approval | Only the matters listed for that permitted development right |
| Lawful development certificate | Whether the proposal is lawful, not whether it is desirable |
| Non-material amendment | Small changes to an existing permission |
| Section 73 application | Variation or removal of planning conditions |
The Planning Portal prior approval guidance explains that certain types of development are granted planning permission by national permitted development legislation, but some classes include a condition requiring an application to the local planning authority for prior approval, or to determine whether prior approval is required.
That is the central distinction. The council may not be deciding whether the broad idea is acceptable. It may only be deciding specified impacts, such as transport, highways, noise, flooding, contamination, design, external appearance, natural light, fire safety or neighbour amenity, depending on the class.
When Prior Approval Is Used
Prior approval appears across different permitted development rights. Common examples include:
- larger single-storey rear house extensions under the neighbour consultation scheme
- some upward extensions
- certain changes of use to dwellings
- agricultural and forestry buildings or tracks
- demolition under permitted development rights
- telecommunications apparatus
- some solar and non-residential works
Each class has its own rules. Do not assume the matters for a larger home extension are the same as the matters for office-to-residential conversion or telecoms equipment. The application form or council description should identify the class.
Why The Class Matters
Prior approval comments are only useful if they fit the legal test. For a transport prior approval, a neighbour comment about house prices will go nowhere. For an amenity prior approval, a precise explanation of overlooking, loss of light or overbearing impact may matter.
Before commenting, find:
- the permitted development class being relied on
- the list of prior approval matters for that class
- the plans, elevations and supporting reports
- the consultation deadline
- whether deemed approval rules could apply if the council does not decide in time
The Planning Portal says prior approval cannot be gained retrospectively and that work must not start until the council has issued its determination. It also notes that many prior approvals can receive deemed consent if the determination period expires, although the timescale varies by proposal.
Prior Approval Versus Full Planning Permission
A full planning application lets the council assess the proposal against the development plan unless material considerations indicate otherwise. That can include design, amenity, highways, heritage, trees, drainage, ecology, affordable housing, policy compliance and more.
Prior approval is narrower. If the permitted development right applies, the principle may already be granted nationally. The council may have no power to revisit whether the development should exist at all. This can feel frustrating for neighbours, but it is how the procedure is designed.
That said, prior approval is not a rubber stamp. If the applicant has not shown eligibility for the permitted development right, has not supplied enough information, or fails the specified matters, the council can refuse prior approval.
Examples
For a larger home extension, neighbour amenity is central. Comments should explain how the extension affects light, outlook or privacy at adjoining homes.
For a change of use to flats, the prior approval matters might include transport, contamination, flooding, noise, natural light, fire safety or impacts from nearby commercial uses, depending on the class. A general objection to "more flats" may be outside the council's assessment.
For telecoms equipment, siting and appearance are usually more relevant than arguments about health impacts, because national policy and technical regulation limit how those issues are considered.
For Neighbours
Read the notice quickly. Prior approval deadlines can be shorter or more unforgiving than a normal planning consultation. If you comment, use the language of the specific prior approval test. Keep it factual and local.
Good comments say things like: "The proposed rear extension would be 6m deep and 3.6m high on the boundary with my kitchen window, causing a significant overbearing effect." Weak comments say: "I do not want any extension."
If you think the applicant is not eligible for the permitted development right, say why. Examples include wrong building use, exceeding size limits, Article 4 restrictions, protected land, listed-building constraints, or previous planning conditions that removed rights.
For Buyers
Prior approval can be enough for the relevant development, but you need the full paperwork. Ask for the prior approval decision, plans, evidence that conditions were met, and proof the works were completed in accordance with the approved details.
For conversions, check whether the prior approval created only the change of use or also covered associated physical works. Some physical alterations may need separate planning permission or building regulation approval.
Common Mistakes
- treating prior approval as a full planning application
- objecting on matters the council cannot consider
- missing the exact permitted development class
- assuming deemed approval applies to every case in the same way
- starting work before the prior approval position is resolved
- assuming prior approval regularises unrelated building works
Official Sources
- Planning Portal prior approval consent type
- GOV.UK planning practice guidance on when permission is required
- Planning Portal decision-making process
Related PlanWatch Guides
- Do I Need Planning Permission For An Extension
- What Are Material Planning Considerations
- Planning Application Consultation Period
Frequently Asked Questions
Is prior approval planning permission?
It is an approval required by certain permitted development rights, but it is narrower than a full planning application.
Can neighbours object to prior approval?
Yes where consultation applies, but comments must focus on the matters the council is allowed to consider for that specific prior approval class.
Does prior approval mean development is permitted?
The principle may come from permitted development rights, but specified details still need approval or confirmation before work can proceed.
What happens if prior approval is refused?
The applicant may revise the proposal, appeal where available, or apply for full planning permission.
Act On The Correct Test
Prior approval moves quickly and rewards precise comments. PlanWatch helps you find the notice, class, documents and decision before the window to respond closes.
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Search Your Postcode FreeDisclaimer: PlanWatch provides general information about UK planning processes. This content is not legal advice. Planning law is complex and varies by local authority. Consult a qualified planning consultant or solicitor for advice specific to your situation.