Prior notification: the 28 day agricultural and demolition route
Prior notification tells the council what you intend to build or demolish and gives it 28 days to require approval of a short list of details. Here is how the agricultural and demolition routes work.
Prior notification is the step where you tell the local planning authority what you intend to build or demolish, wait 28 days, and may then proceed unless the authority says it wants to approve specified details first. It is not an application for planning permission. The permission already exists in the General Permitted Development Order, and prior notification planning procedure simply gives the council a controlled window to intervene on a short list of matters.
Two routes matter most to a rural owner: agricultural buildings and works under Schedule 2 Part 6 of the Town and Country Planning (General Permitted Development) (England) Order 2015, and demolition under Part 11. They share the 28-day clock and almost nothing else.
What the notification actually asks the council to decide
You are asking for a determination as to whether the authority's prior approval will be required for a defined set of matters. Nothing wider. For an agricultural building under Part 6 the matters are siting, design and external appearance. For demolition under Part 11 they are the method of demolition and the proposed restoration of the site.
The council cannot use the process to refuse the principle of development, because the Order has already granted it. What the council can do is require prior approval, then approve it with conditions on those matters, or refuse the details.
That distinction changes how you draft. Arguing agricultural need in a Part 6 notification wastes space. Showing that the shed sits behind an existing range, in profiled sheeting to match, away from the lane, answers the question actually before the officer. If you are unsure which route applies to your scheme, the difference between prior approval and full permission is the first thing to settle.
The 28 days and what happens when the clock runs out
The developer must apply to the authority with the required details and fee. From receipt, the authority has 28 days to notify you either that prior approval is not required, or that it is required and has been granted or refused.
Development may begin where the authority tells you prior approval is not required, or where 28 days pass with no response at all. The second limb is the one people rely on and misuse. Silence only authorises development carried out in accordance with the details you submitted, so a shed built 15 metres from where the plan showed it has no permission behind it.
Count the days from the date the authority received a valid submission, including the fee and every required document. An incomplete submission never starts the clock, which is the same trap that produces returned planning applications at validation stage.
Agricultural buildings under Part 6
Part 6 splits by holding size. Class A applies to agricultural units of five hectares or more. Class B applies to units of at least 0.4 hectares but less than five, and is much tighter, allowing only extension or alteration of an existing building and works to private ways rather than a new building.
The limits that catch people out on Class A are worth writing on the drawing before you draw anything else.
| Control | Class A limit |
|---|---|
| Ground area covered | Not more than 1,000 m² |
| Height, general | Not more than 12 m |
| Height within 3 km of an aerodrome | Not more than 3 m |
| Distance from a metalled classified road | Not less than 25 m for a building |
| Livestock buildings and slurry near a protected building | Not permitted within 400 m |
Prior notification is required for a significant extension or alteration, for erection of a building, and for the formation of a private way. The development must also be reasonably necessary for the purposes of agriculture within that unit, which is a factual test the council can and does examine. Equestrian use is not agriculture, and a stable block dressed as a hay store is the most common enforcement case in this part of the Order.
Article 4 directions, National Landscapes, Green Belt and sites of special scientific interest all modify what Part 6 allows. Check the constraint layers before you rely on it.
Demolition notification and the restoration question
Part 11 Class B permits demolition of buildings, subject to conditions. Where the building is a dwellinghouse or adjoins one, you must apply for a determination on the method of demolition and the restoration of the site, and you must not start before the determination arrives or the 28 days expire.
The condition attached to that route requires a site notice describing the proposed demolition to be displayed on the land, in a position readable by the public, for at least 21 days of the 28-day period. Photograph it with a dated newspaper in shot. Officers ask.
Several buildings sit outside Class B altogether. Listed buildings need listed building consent. Scheduled monuments need scheduled monument consent. Demolition of an unlisted building in a conservation area is relevant demolition and needs planning permission under section 196D of the Town and Country Planning Act 1990. Demolition urgently necessary for health and safety has its own limb with a notification requirement after the event.
A separate obligation runs in parallel. Section 80 of the Building Act 1984 requires notice to the building control authority before demolition, and the counter-notice under section 81 can specify shoring, sealing of drains and making good the adjoining property. Six weeks is the sensible allowance. Where materials are being reclaimed, a pre-redevelopment audit records what is in the building before it comes down and supports the restoration statement.
What the council can and cannot control
On a Part 6 notification the officer can move the building within the site, change the cladding colour, require landscaping and set a materials condition. The officer cannot require a smaller building, refuse because a neighbour objects to farming, or impose conditions about how the holding is run.
On a Part 11 notification the officer can require a method statement, dust and hours controls, protection of retained boundaries and a scheme of site restoration. The officer cannot refuse the demolition itself where Class B applies.
Where the authority does require prior approval, it then has a further period to decide the details, and the general determination periods for that decision follow the usual pattern for minor development. Officers will consult the highway authority and, on farm buildings near watercourses, sometimes the Environment Agency.
Mistakes that void the notification
The recurring ones are dull and expensive. Starting on day 25. Building 800 m² when the notification showed 600 m². Treating a 3.5-hectare holding as if Class A applied. Forgetting that a separate planning application is needed for the access if the private way meets a classified road.
One more, specific to demolition. A notification made in the name of a contractor who is not the person carrying out the demolition can be challenged, so make the applicant match reality.
And keep the paperwork. A prior notification bundle, the site notice photograph, the council's letter and the as-built survey together form the evidence that the works were lawful, which matters years later on sale.
To see which supporting documents a rural scheme is likely to need, enter your postcode on PlanScope and work through the guided questions.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Can I start work if the council does not reply within 28 days?
Yes, where the Order allows development to proceed on expiry of the period, but only in accordance with the details you submitted. Silence is not a blank cheque. If the building moves, grows or changes materials, the permitted development right no longer covers it and you are exposed to enforcement action.
Does prior notification apply to an equestrian building?
No. Part 6 covers development reasonably necessary for the purposes of agriculture on an agricultural unit, and keeping horses for riding is not agriculture. Grazing horses can be agricultural, while stabling, schooling and liveries are not. A stable block on a Part 6 notification is the most common enforcement case under this part of the Order.
Do I need prior notification to demolish a garage?
It depends on what the building is and where it stands. Part 11 Class B requires a determination on method and restoration where the building is a dwellinghouse or adjoins one. Conservation areas, listed buildings and scheduled monuments are excluded from the class and need consent in their own right.
What fee is payable for a prior notification?
A fee is payable for both agricultural and demolition determinations under the national fee regulations. The figures are indexed annually, so check the current schedule on the Planning Portal or your council's website before you submit. An application received without the correct fee is not valid and the 28 day period does not begin.
Is the section 80 Building Act notice the same thing?
No. Section 80 of the Building Act 1984 is a separate notice to the building control authority before demolition, and the counter-notice can require shoring, drain sealing and making good adjoining property. It runs alongside the planning route rather than replacing it. Allow about six weeks for it.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.