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?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on: 30 January 2018
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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

Rosalind Andrews
Rosalind Andrews

Rosalind Andrews is Head of Planning & Highways Law at Harrison Clark Rickerbys solicitors, covering the firm’s nine offices. She specialises in Planning and Highways Law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, judicial review and other Planning Court challenges, and planning enforcement issues. She acts on behalf of a variety of clients, with particular experience of acting for developers and promoters in relation to residential development. She also acts on behalf of lenders, registered providers of affordable housing, and local authorities, as well as third parties with an interest in the planning process, such as local residents' groups. As well as negotiating Section 106 Obligations and other infrastructure agreements, she also advises on other matters affecting development, such as town and village greens, public rights of way, assets of community value, tree preservation orders, and compulsory purchase. 

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United Kingdom
Key definition:
Satisfaction definition
What does Satisfaction mean?

The gift of a thing with the intention that it shall be taken either wholly or in part satisfaction of some prior claim of the donee.

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