Revocation of planning permission
This briefing provides information on the rarely-used powers of local planning authorities and the Secretary of State to revoke planning permission.
Section 97 of the Town and Country Planning Act 1990 gives local planning authorities in England and Wales the power to revoke or modify planning permission. The Secretary of State also has the power to revoke or modify planning permission under section 100 of the 1990 Act.
Planning authorities in Scotland and councils in Northern Ireland have similar powers to revoke or modify planning permission. Scottish Ministers and the Department for Infrastructure in Northern Ireland also have powers to revoke or modify planning permission.
Under which circumstances can planning permission be revoked?The Town and Country Planning Act 1990 states that local planning authorities and the Secretary of State can revoke or modify planning permission if they consider it “expedient” to do so. It does not set out under which circumstances it may be “expedient” to revoke planning permission or set restrictions on the use of these powers.
A ministerial statement from 2006 explained that the Secretary of State can revoke planning permission as they see fit, but an intervention “can only be justified in exceptional circumstances” and “if the original decision is judged to be grossly wrong”.
Compensation if planning permission is revokedDevelopers may be entitled to compensation to cover the costs of any works they have already carried out or other losses and damages if planning permission for their development is revoked or modified.
Because developers may be entitled to compensation, the powers to revoke or modify planning permission are very rarely used.
What is the difference between revocation and discontinuance orders?Local planning authorities and the Secretary of State can revoke planning permission using their powers only before a development is completed.
After a development is completed, local planning authorities in England and Wales have the power to issue a ‘discontinuance order’ under section 102 of the Town and Country Planning Act 1990. The Secretary of State also has the power to issue a ‘discontinuance order’ under section 104 of the 1990 Act.
Developers may be entitled to compensation if a local planning authority or the Secretary of State issue a discontinuance order for their development.