In response to the increasing challenge of Coronavirus and in light of rapidly evolving advice, Tozers has taken steps to ensure that we continue to provide you with our usual client service whilst also maintaining the safety of our clients and colleagues. Please see our full update here.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Council seeks to overturn planning permission it issued in error

Posted on 12th July 2017 in Planning and Licensing

Posted by

Amy Cater

Partner and Solicitor
Council seeks to overturn planning permission it issued in error

South Cambridgeshire District Council is seeking to overturn planning permission for residential development in the green belt issued in error. 

The authority said that the decision to refuse the application was incorrectly entered as an approval in its computer system which then generated the approval notice which was sent to the applicant. It is well-established that planning authorities cannot withdraw and re-issue decision notices to correct errors.

A similar error happened when Dundee City Council granted planning permission but with reasons for refusal. The authority had intended to refuse permission and on realising their mistake issued a second notice refusing permission. The applicant succeeded in obtaining a declaration from the court upholding the validity of the first notice. The court decided that a decision issued by a planning authority, however bad it may be for any number of reasons, is to be treated as valid unless and until it is overturned in court proceedings.  If the error is spotted in time (as appears to be the case here) the authority can itself bring judicial review proceedings to quash the notice.

Normally proceedings have to be brought within 6 weeks of the decision.  If the error is not spotted in time the only alternative for a planning authority is to try to revoke the permission, which may entitle the applicant to compensation for the loss of right to carry out the development.

 

For further information on Planning please contact our specialist team on: 01392 207020 or email: enquiries@tozers.co.uk

Company & Industry

Related Insights

Insights

What can charities do to re-purpose restricted funds to release additional funding?

Posted on 27th March 2020 in Charities and Social Enterprise

Many charities are in desperate need of alternative sources of funding to maintain vital services to beneficiaries whilst the coronavirus crisis continues.

Posted by

James Evans

Partner and Solicitor
Insights

Support in the property market during Coronavirus

Posted on 27th March 2020 in Residential Property

Moving house can be stressful at the best of times, but the current unsettled situation surrounding Coronavirus brings with it a set of new challenges and uncertainty.

Posted by

Vernon Clarke

Partner and Solicitor