Q&As

Can a planning permission granted some time ago be relied on in the absence of a legal challenge, even though its grant was ultra vires?

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Published on LexisPSL on 03/01/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a planning permission granted some time ago be relied on in the absence of a legal challenge, even though its grant was ultra vires?

As a general rule, a decision of a local planning authority (LPA) to grant planning permission under the Town and Country Planning Act 1990 (TCPA 1990) will be treated as valid unless and until it is set aside by the courts (see, for example, Gerber v Wiltshire Council). As such, a planning permission can usually be relied upon, even where its grant was ultra vires, unless and until it has been successfully challenged.

However, development carried out pursuant to a planning permission will become subject to enforcement action if that planning permis

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