CAN PLANNING PERMISSION BE WITHDRAWN?

If you're concerned about whether you can have your permission revoked for your project, our planning expert offers advice on what can and can't be done

- SIMON RIX

For most self-builders and homeowners, securing planning permission feels like the finish line. After months of design work, consultant reports, and sometimes a bruising encounter with neighbours or the council, finally receiving that permission notice is a moment of relief and excitement. It's the legal green light that turns your project from dream to reality.

But a question I'm sometimes asked as a planning consultant is: 'Can the council change its mind? Can my planning permission be taken away?'

The short answer is: almost never. Once planning permission has been granted, it carries legal weight and councils can't simply withdraw it because political winds shift or local opposition mounts up.

However, there are several ways in which a permission can come under challenge or be lost. Some are in your control, others are not. Understanding these risks is crucial if you're about to embark on building a new home or extending your current one.

In this article, I'll cover the very rare but real power of revocation and modification; the much more common issue of expiry and lapsing of permissions; the importance of conditions and how failure to comply can undermine your permission; the possibility of legal challenge by others via judicial review; and practical steps you can take to protect yourself once permission is secured.

REVOCATION AND MODIFICATION

Under Section 97 of the Town and Country Planning Act 1990, local planning authorities technically have the power to revoke or modify a planning permission after it has been granted. This is sometimes called the 'nuclear option' because in practice it is so rarely used.