Can planning permission be revoked?

Section62

caryn14 said:

Not a money saving question, but wondering if anyone is able to point me in the right direction for further information, or has experienced a similar situation themselves. This relates to law in Wales.

Approximately 28 years ago, I was granted planning permission to extend a commercial unit I own. My premises is at the end of a row of three units, so I have side access to the rear. The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties, whilst retaining their pedestrian access. Neither of the owners of the properties raised objections at the time, permission was granted and building commenced.

I completed the first stage of the work, then money got tight and the direction of my business changed, so the final stage has still not been completed (although through all this time the property is presentable and if you didn't know further work is allowed, you wouldn't think it wasn't finished).

I've recently decided I want to sell the premises and business, with the planning permission still live and have found a great buyer. It's at this point the two neighbours decided they disagree with the permission that took their vehicle access, not having mentioned this in the last 28 years. They've sent me a demand for monetary compensation and rewriting of deeds or they will take proceedings to get the extension removed and planning revoked - argument being their small storage units are landlocked and will devalue their properties.

I haven't contacted my solicitor yet, although obviously I will, but does anyone know if this is even possible as they didn't object when they had the chance? If you can point me in the direction where I can find further information, I would be very grateful.

Thanks

The straightforward answer is that people can't get planning consent "revoked"  (except in very rare situations that don't apply here).

Planning consent does usually have a time limit - the consent will state something like that the development must be commenced within 3 years (or will otherwise expire).

But assuming all the work you want to do was part of the same application, and you commenced it within any time limit specified in the consent, then you usually* have all the time in the world to finish it off.  (*usually used here, because sometimes the conditions require one thing to be done before another e.g. provide a vehicular access and parking before a dwelling is occupied)

So whilst they could have a valid claim in relation to the loss of access, they cannot get your planning consent "revoked".  If the uncompleted work has no impact on the access then there probably isn't a reason why you or a buyer couldn't go on to complete it, although in the circumstances it might be prudent to ask the council to confirm this before going ahead.

Section62

GDB2222 said:

user1977 said:

caryn14 said:

GDB2222 said:

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

Absolutely not did I build over a neighbours driveway. It's my land, a commercial site, and they have pedestrian access to the rear of their own building over my land.

No objection was raised at the time or over their using it for the last 28 years, it's only raised now I want to sell.

In that case I'm confused what you mean by "The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties"?

You know what the OP meant. She assumed that, as she had PP, it was okay for her to block the access. She’s finding out belatedly that it was not okay, and it is going to be expensive to sort it out. 

It depends whether the legal right of access the neighbour's have is for pedestrian use only, or includes vehicular use - and even then it doesn't necessarily mean they have a car/van-sized vehicular access.

One way of interpreting the OP's words is that there is a pedestrian RoW, and prior to the building of the extension there was sufficient space to get a vehicle through.  Although it was possible, the vehicle access wasn't necessarily by right.

The question then becomes whether any vehicular use of the access in the past has established that right.  Although as user1977 notes, non-use for 28+ years may make that a tough mountain to climb.

ProDave

PP will expire if not "started" within 3 years from granting.  But you did "start" so in theory there is no time limit to complete.  They may sometimes issue you with a notice to complete within a certain time.

I also assume you owned the land you built on.

The fact other people may have had a right of way over that land that you have now blocked, is quite a separate issue to planning permission.