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Q&As
If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission is later quashed, do the works carried out prior to the quashing need to be reversed or should works simply cease at the point of quashing? If the works are required to be reversed, is a new planning permission needed for this?
Where a planning permission has been quashed following a legal challenge, the planning status of the Site reverts back to the position it was in immediately prior to that planning permission being granted.
This means that there is a live planning Application and the local planning authority will need to make the decision again as to whether to grant or refuse planning permission.
Any work carried out pursuant to the quashed planning permission will now be considered to have been carried out without planning permission. If planning permission is then granted again, there is no issue and the planning permission is simply granted retrospectively, or partly retrospectively in accordance
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