Q&As

Can a local planning authority withdraw its decision to refuse planning permission once it has been issued, and then re-issue the decision at a future date?

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Produced in partnership with Kevin Leigh of 33 Bedford Row
Published on LexisPSL on 24/06/2019

The following Planning Q&A Produced in partnership with Kevin Leigh of 33 Bedford Row provides comprehensive and up to date legal information covering:

  • Can a local planning authority withdraw its decision to refuse planning permission once it has been issued, and then re-issue the decision at a future date?

When a local planning authority (LPA) issues a consent, it becomes functus officio so one cannot withdraw/alter the permission (even if issued mistakenly) without judicially reviewing its own decision—see R (on the application of Carroll) v South Somerset District Council. Logically therefore, if an LPA resolves to refuse to grant permission and then issues a notice of refusal, this would be a similar legal act to a grant. However, rather than challenging it by way of judicial review, the applicant can

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