Planning Gateway One - Approach to different types of planning applications
Applications for prior approval
HSE is a statutory consultee for applications for prior approval made under the following provisions of the General Permitted Development Order 2015 (as amended) (GPDO):
- Changes of use made under Part 3 of the GPDO: a change of use under certain classes that would result in a building becoming a relevant building, for example, a change of use under Class MA from an office to a block of flats in a building that is 18m or more in height or 7 or more storeys. The LPA will be able to advise applicants about changes of use that are subject to a requirement for an application for prior approval.
- Class A and Class AA of Part 20 to the GPDO: the development of up to two additional storeys on a relevant building or that would result in a building becoming a relevant building.
With regard to prior approval applications made under Part 3 of the GPDO (change of use), the application should include floor plans for each storey subject to the change to residential use. HSE may request floor plans for every storey of the building if this is necessary to understand the impact of the change on the future and existing occupants of the building, in terms of fire safety matters relevant to land use planning.
Prior approval applications can be made under Class A (development of up to two residential storeys on an existing detached residential building) and Class AA (development of up to two residential storeys on an existing detached building in commercial or mixed use) of Part 20 to the GDPO. In addition to other specified matters, the applicant must meet the fire risk condition for these classes. This states that the application should include a fire safety report. The report should confirm that the external walls of the building will adequately resist the spread of fire over the walls and from one building to another. If this report is not provided with the prior approval documents or does not contain enough information about the external walls of the building, then HSE will raise this as a concern. More information about the purpose and scope of this report is set out in the Ministerial Circular Letter (MHCLG, 30 December 2020):
LPAs should note the limitation on the prior approval process in Part 20, paragraph AA1 (za) of the GPDO. This states that, “Development is not permitted by Class AA if the permission to use the building as a dwellinghouse has been granted only by virtue of Class MA…”. Therefore, applicants that use the prior approval process under Class MA to change the use of the building to residential use, cannot then use the prior approval process to add up to 2 additional storeys on the same building. It is for the LPA to decide how to advise applicants on procedural matters, however, HSE will draw an LPA’s attention to paragraph AA1 (za) if relevant. This is relevant to HSE’s review of fire safety information because the scope and quality of fire safety information in a prior approval application is less than what would be available in a full planning application.
There is no requirement to submit a fire statement form with an application for prior approval.
If the extension or change of use of the building is based on the premise that the external walls of the existing building will be remediated at a later date, HSE may request a condition to the effect that the building or extension should not be occupied until the external wall remediation works are completed.
- https://www.gov.uk/government/publications/advice-to-local-planning-authorities-on-the-application-of-the-town-and-country-planning-general-permitted-development-england-amendment-no-4