What Is the 56-Day Rule in Planning? A Guide to Deemed Consent for Prior Approval
Understand the 56-day rule in planning, how deemed consent works for prior approval applications, and when local authority delays can affect development.
PRIOR APPROVAL
Andrew Ransome
7/7/20265 min read
If you've submitted a prior approval application under permitted development rights, you'll have come across the "56-day rule".
The 56-day rule in planning usually refers to the statutory time limit for a local planning authority to decide certain prior approval applications made under permitted development rights.
Get it right, and it can hand you a lawful right to develop even when a council never issues a decision.
This guide sets out what the 56-day rule is, how it works in practice, the case law that has shaped it, and — most importantly — the pitfalls that catch developers out.
What Is the 56-Day Rule?
The 56-day rule derives from the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO).
Various permitted development rights under the GPDO, such as the change of use ones like Class MA (commercial, business and service uses to residential) require the developer to seek "prior approval" from the local planning authority (LPA) first. This application will consider a limited set of specified matters, that may include flooding risk, transport impacts, noise, and/or contamination.
Critically, the LPA is required to determine that prior approval application within a set statutory period — 56 days from the date a valid application is received.
The consequence of a missed deadline is what makes the rule so significant: if the LPA fails to notify the applicant of its decision within 56 days, prior approval is deemed to have been granted.
The clock doesn't pause for the council's convenience — weekends, bank holidays and office closures - all count towards the 56 days.
Why Does the Rule Exist?
The rule exists to give developers certainty.
Without a hard deadline, prior approval applications could sit on an LPA's desk indefinitely, tying up permitted development rights that Parliament intended to be relatively quick and low-friction.
The 56-day rule forces authorities to engage with applications promptly, or risk losing the ability to object to the specified matters altogether.
How Deemed Consent Works in Practice
Deemed consent isn't a formal decision notice — nothing arrives in the post confirming it. It's a legal position that arises automatically once the statutory period expires without notification of a decision.
In effect, silence from the council becomes consent.
This matters because many developers assume, wrongly, that "no news" simply means "keep waiting."
In fact, once the 56 days have passed on a valid application, the developer is generally entitled to proceed with the development covered by the prior approval — provided the scheme fully complies with every other condition and limitation attached to the relevant permitted development class.
That last point is essential, and it's where the real risk lies.
The Catch: Deemed Consent Only Covers the Prior Approval Matters
A deemed consent under the 56-day rule only relates to the prior approval matters the LPA was assessing — it does not certify that the development benefits from permitted development rights in the first place.
If the scheme doesn't actually meet the eligibility criteria of the relevant GPDO class (for example, floorspace limits, use class history, exclusion zones, or minimum vacancy periods), the development will not be lawful, no matter how many days have passed without a council decision.
This creates a genuine trap.
A developer can technically obtain deemed consent on the specific matters that were under consideration, start works in reliance on it, and later discover that the underlying permitted development right never actually applied.
The 56-day rule cannot manufacture a permitted development right that didn't exist; it can only stop an LPA from delaying a decision on the matters it was entitled to assess.
For this reason, it's often sensible to follow a deemed consent with an application for a Certificate of Lawfulness of Proposed Use or Development (a CLOPUD).
This doesn't reopen the prior approval matters, but it provides an independent, evidenced confirmation that the development is lawful — valuable protection if the position is ever challenged, and often essential for satisfying funders, purchasers, or a later mortgage lender.
Extending the Deadline: Gluck v Secretary of State for Housing (2020)
The 56-day rule is strict, but it isn't inflexible.
The Court of Appeal's decision in Gluck v Secretary of State for Housing, Communities and Local Government (2020) confirmed that the statutory period can be extended — but only where there is a genuine agreement between the applicant and the LPA to do so.
Key Points for Developers
1. The clock starts on receipt of a valid application. An invalid or incomplete application does not trigger the 56-day period, and LPAs will sometimes seek to argue retrospectively that an application was invalid to buy themselves more time. Make sure your submission is complete and correctly validated from the outset.
2. Every calendar day counts. Weekends, bank holidays, and periods when council offices are closed all count towards the 56 days. There is no provision to pause the clock for administrative convenience.
3. Deemed consent is automatic, but not unconditional. It arises without any positive act from the council — but it only ever covers the specific prior approval matters under consideration, and only where the development otherwise satisfies all applicable GPDO conditions and limitations.
4. Extensions must be clear and, ideally, in writing. Following Gluck, any agreement to extend the 56-day period — however informal — can be legally binding. Keep a careful record of all correspondence with the case officer, and avoid ambiguous requests for delay unless you actually want to extend the deadline.
5. Consider a Certificate of Lawfulness after a deemed consent. Where a decision has been deemed granted through non-determination, a CLOPUD application provides a documented, independently assessed confirmation of lawfulness — useful protection against later challenge, and often expected by funders and purchasers.
6. Keep the pressure on throughout the process. Don't treat the 56-day rule as something to rely on passively. Maintain regular, documented contact with the case officer, chase for updates. This reduces the risk of a late, informal extension being agreed without your full understanding, and creates a clear paper trail if the point is ever disputed.
7. Not all Prior Approval applications can benefit from the 56-day rule. There is no deemed grant mechanism for a number of GDPO provisions, for example those that seek additional storeys under Part 20. It would be prudent to check whether it applies before submitting a Prior Approval application.
56-Day - Final Thoughts
The 56-day rule is one of the most useful protections available to developers using permitted development rights — it stops LPAs sitting on applications indefinitely and gives a genuine fallback where a council fails to engage within the statutory timeframe.
But it rewards careful process as much as patience.
Understanding exactly when the clock starts, what deemed consent does and doesn't cover, and how easily an informal exchange can extend the deadline, is essential to using the rule with confidence rather than being caught out by it.
If you're considering a prior approval application, or you're approaching a 56-day deadline and want to make sure your position is properly protected, I'd be glad to help. Get in touch to discuss your scheme.
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Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk
About me
Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.
He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.
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