Statutory timeline + validation + consultation + decision
Prior approval is a streamlined consent route — narrower than full planning, faster than ordinary timeline (8 weeks Class MA vs 8 weeks householder + 13 weeks major). Statutory framework: Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 3 Class MA + section 60(1A) Town and Country Planning Act 1990 + Article 7 GPDO (s.60 + Article 7 establish prior approval procedure + deemed grant if undetermined). Process week-by-week: Week 1 — LPA validates submission against checklist (application form complete + fee paid + plans correct scale + Class E use evidence + vacancy evidence + flood/noise/contamination reports where required + natural light + NDSS + transport). Invalid = rejection letter with 14-day cure period; if uncured = withdrawal + no determination. Valid = published on planning register + clock starts; Week 2–4 — 21-day public consultation (neighbour letters + site notice + parish council where applicable + statutory consultees: Environment Agency for Flood Zone 2/3, Lead Local Flood Authority for surface water, Highway Authority for transport, Environmental Health for noise + contamination, Designing Out Crime Officer for security, Building Control for fire safety pre-engagement); Week 3–5 — Officer site visit + internal consultation with statutory consultees; Week 5–6 — Officer drafts report addressing each statutory matter (flood, contamination, noise, transport, natural light, NDSS) + delegated/committee determination route; Week 7 — Officer report finalised + decision notice prepared; Week 8 — Decision issued (delegated 92% of Class MA cases London 2024; committee 8% — typically called-in by ward councillor for material objections). Decision options: (a) Prior approval granted — change of use authorised + conditions typically attached (NDSS layout as approved + natural-light glazing as approved + noise mitigation as recommended + commencement 3 years + Building Regulations + boundary not extended + use C3 only); (b) Prior approval refused — applicant has 6 months s78 appeal to PINS (Householder Appeal Service if 1–2 units, full appeal if 3+); (c) Prior approval not required — LPA concludes building does not need prior approval (rare — usually means already C3 or not Class E qualifying); (d) No determination week 8 — section 60(1A) GPDO + Article 7 deemed grant on terms as applied. Deemed grant route: Builderr has secured 6 Class MA deemed grants 2022–2026 where LPA missed 8-week deadline by 5–14 days. Process: write to LPA Day 57 (week 8 + 1 day) confirming Statement of Reliance under Article 7 + s.60(1A) + permitted to commence as applied. LPA cannot retrospectively refuse. Builderr pre-flags any application running over 7 weeks for deemed grant correspondence.
Refusal grounds + appeal + Builderr Class MA win rate + cost-of-failure
Refusal grounds — exhaustive list per Schedule 2 Part 3 Class MA paragraph MA.2(1)(a)–(j) GPDO. LPA must determine each matter on evidence; cannot refuse on un-listed grounds: (a) transport + highways impact — typically traffic generation, parking deficit, servicing access, cycle storage Lifetime Homes adapted standards; (b) contamination — Part 2A Environmental Protection Act 1990 + NPPF para 184 + Land Contamination Risk Management LCRM EA 2020 — Phase 1 desktop + Phase 2 intrusive if risk identified; (c) flooding — Environment Agency Flood Zone 1 (low) usually no concern; Zone 2 (medium) needs FRA + sequential test rarely applies on PA but exception test sometimes; Zone 3a (high) + Zone 3b (functional floodplain) typically refused unless mitigation viable; (d) noise from commercial premises in vicinity — Pro PG ANC 2017 + BS 8233:2014 + WHO Community Noise Guidelines — internal levels 35 dB(A) daytime/30dB(A) night habitable rooms + 40dB(A) Lnight bedroom; (e) inadequate natural light — BRE 209 + BS EN 17037 daylight factor + average annual sunlight + view of sky — every habitable room — Levelling Up Act 2023 amendments from 6 April 2024 elevated this from policy to mandatory test; (f) NDSS non-compliance — DCLG NDSS 2015 minimum floor areas + ceiling height 2.3m + storage 1.5–3.5m² per dwelling type; (g) protected views — rare on Class MA + relevant only on tall building close to designated view corridor; (h) heritage if listed/CA — Class MA excluded listed; CA varies by borough Article 4; (i) location near hazardous installation — Health and Safety Executive consultation zones; (j) loss of last shop in essential rural services area — rural only, not London. NOT refusal grounds (despite LPA temptation): design quality, density, character + appearance, affordable housing contribution, employment land protection, heritage in CA unless removed by Article 4, infrastructure capacity (schools/healthcare), planning obligations. LPAs sometimes refuse on un-listed grounds — overturned on appeal 80%+ rate. Appeal route: section 78 TCPA 1990 appeal to Planning Inspectorate within 6 months of refusal. 1–2 units = Householder Appeal Service (HAS) 12-week determination; 3+ units = written representations 16-week or hearing 24-week or inquiry 32-week. Appeal fees: free to appellant (PINS funded). Costs award possible if LPA refusal unreasonable under PPG Costs (e.g. refusal on un-listed grounds). Builderr Class MA delivery 2022–2026: 47 prior approval applications submitted across London; 36 granted (76.6%); 6 deemed grants undetermined (12.8%); 5 refused (10.6%); 4 of 5 refusals overturned on appeal (3 HAS + 1 written reps); 1 withdrawn + resubmitted with daylight redesign + granted. Win rate including appeals 89.4%. Cost-of-failure: refusal = 6-month appeal cycle + £4,500–£18,000 appeal consultancy + interest holding cost on acquired property (£35–£85k on £1.5M asset at 5–8% bridging) + opportunity cost on delayed sales/letting income. Builderr risk-pricing: pre-app desktop (£450) + daylight feasibility (£950) + NDSS feasibility (£450) = £1,850 spent up-front saves £35–£75k downside risk. See [[class-ma-office-to-residential-conversion-london]] + [[nationally-described-space-standards-class-ma-london]] + [[natural-light-class-ma-conversion-london]] + [[planning-appeal-success-rates-london]] + [[householder-appeal-service-london]].
