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I am hoping for a swift response, as our local planning authority seems to be trying to add a new condition, or to amend an existing one, 6 months after we received our planning permission.
To comply with their new condition (if it is added) will cost us a lot of time and money, and may even make the build impossible to carry out.
Are they allowed to do this?!
Thank you so much for answering as we really need to know the score. It’s a stressful situation as you can imagine.
Kind regards
WRH
The short answer to this question is no. Once permission is granted, there is no mechanism to alter it. That said, it is not unusual for councils to seek to rectify mistakes on decision notices that favour applicants, although when applicants ask for errors that are harmful to their interests to be rectified, the answer is often that this cannot be done other than via a new application and permission.
Planning permission can be revoked, via a Revocation Order, in exceptional circumstances, but compensation may be payable to the applicant. In this case challenge the council to state under what powers they are seeking to amend the permission and, if they claim some legal authority, seek advice from a planning consultant or planning solicitor.
Mike Dade (Build It expert)
Dear Mike and Andrew
Thank you so much for your prompt replies and for the very useful information. We will do as you say and let you know, in due course, how we get on.
Your help is much appreciated!
Best regards
Wendy