Richard Macrory's legal commentary: Revocation of planning permissions by councils

The Supreme Court has considered for the first time factors relevant to the decision of a local council to revoke planning permission, particularly whether the financial consequences of compensation should be taken on board.

Richard MacroryThe granting or refusal of planning permission is generally the critical decision-point in any project’s development. It is a make or break decision in that once permission is given it cannot be revoked or modified without compensating the developer.

This contrasts with the position of operational licences such as water discharge consents where regulators have greater discretion to change conditions from time to time, without compensation, to meet emerging environmental demands.

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