For most self-builders and homeowners, securing planning permission feels like the finish line. After months of design work, consultant reports, and sometimes a bruising encounter with neighbours or the council, finally receiving that permission notice is a moment of relief and excitement. It’s the legal green light that turns your project from dream to reality.
But a question I’m sometimes asked as a planning consultant is: "Can the council change its mind? Can my planning permission be taken away?" The short answer is: almost never. Once planning permission has been granted, it carries legal weight and councils can’t simply withdraw it because political winds shift or local opposition mounts up.
However, there are several ways in which a permission can come under challenge or be lost. Some are in your control, others are not. Understanding these risks is crucial if you’re about to embark on building a new home or extending your current one.
Revocation and modification of planning permission
Under Section 97 of the Town and Country Planning Act 1990, local planning authorities technically have the power to revoke or modify a planning permission after it has been granted. This is sometimes called the "nuclear option" because in practice it is so rarely used.
Why so rare? Because if a council revokes or modifies a permission, the law requires it to pay compensation to the landowner for any losses incurred. That could include costs of design, the building plot cost, or construction already undertaken. Unsurprisingly, most councils have no appetite for exposing themselves to this liability unless there is an overwhelming public interest reason.
As an example, in the 1980s, a council attempted to revoke permission for a petrol filling station when public concern about road safety grew. They were forced to pay substantial compensation, which in practice deterred other councils from following suit.
Today, the only situations where revocation might be considered are where a major safety issue comes to light after permission is granted (e.g. new flood modelling shows high risk); a nationally significant environmental designation is discovered that had been overlooked; or a clear legal error in granting the permission cannot be corrected any other way.
Even then, councils often look for softer measures – negotiating amendments, serving an Article 4 Direction to restrict future development, or relying on enforcement powers – rather than revoking an existing permission.
In short, once you have planning permission in your hand, revocation is a theoretical risk but in practice it’s a vanishingly small one.
Expiry and lapsing of planning permission
Much more common is the expiry of permission, so it's important to know how long planning permission lasts.
Most full planning permissions come with a standard condition: the development must be "begun not later than three years from the date of this permission." If you fail to start lawfully within that period, the permission lapses and is no longer valid.
What counts as a ‘lawful start’?
- Digging and pouring foundations systems is enough, provided it’s for the approved scheme.
- Demolishing an existing building can count, but only if it is clearly part of the approved works.
- Erecting site fencing or moving soil usually does not count on its own.
A homeowner in Kent lost their permission for a new dwelling because, although they had cleared the site and ordered materials, they had not actually dug or poured any foundations before the three-year expiry date. When they reapplied, planning policy had changed, so planning permission was refused.
The safest approach is to get your planning consultant to confirm to the local planning authority in writing that you’ve lawfully ‘commenced’ development.
Often Building Control records or dated photographs can help evidence this. Sometimes, a Lawful Development Certificate is a good idea, too, especially if you are starting work very close to the deadline.
Why does this all matter? Because if you let your permission expire, you may have to reapply, and there’s no guarantee a fresh application will be approved by the authorities. Planning policy changes constantly; what was acceptable in 2022 may be refused in 2025.
Compliance is key
Every planning permission comes with conditions attached. Some are standard (such as the three-year commencement rule), others are very specific. Common conditions include:
- Approval of external materials before construction starts
- Tree protection fencing to be installed and inspected
- Landscaping details to be submitted
- Restrictions on working hours or construction access
It’s vital to discharge these planning conditions properly. Failure to do so can lead to enforcement action, which may ultimately prevent you from using the building even if it’s finished.
One particular trap is the ‘pre-commencement condition’. This is a condition requiring details to be approved before development begins. If you start building without first discharging that condition, technically the whole permission can become unlawful. It’s one of the most common mistakes self-builders make, often because they are eager to get on site and assume conditions can be dealt with later.
In a West Midlands appeal, a developer began construction before submitting details of a drainage scheme required by a pre-commencement condition. The council issued a stop notice, and the Appeal Inspector agreed that the permission had not been lawfully implemented. The developer had to reapply, causing a year’s delay.
As soon as you get your permission, ask your planning consultant or architect to prepare a conditions tracker – a simple checklist of what needs to be submitted, to whom, and by when. This will make it much easier to keep track during the process.
Judicial review – a challenge from outside
A judicial review (JR) is a legal process where a third party (usually a neighbour, local group, or sometimes a rival developer) asks the High Court to rule that the council acted unlawfully in granting permission. The key points about judicial review are:
- It does not re-argue the merits of the case (whether the house looks nice or not). Instead, it looks at whether the council followed the correct legal process.
- Grounds include: failing to consult adequately, ignoring key planning policies, or not properly considering environmental impacts.
- The time limit is tight: an application for JR must normally be made within six weeks of the decision notice.
In a court case involving Save Britain’s Heritage in 2011, campaigners successfully challenged a planning permission that had allowed demolition of historic buildings in Liverpool. Although this was a large-scale case, the same principle applies to small-scale development: if someone feels a council decision was procedurally flawed, they can bring a challenge.
For most homeowners, this means that if no judicial review is lodged within six weeks, you can relax knowing the permission is secure. Judicial review is also extremely expensive and risky for the objectors using it, so in practice only very well-funded objectors are likely to pursue it.
That said, a judicial review can overturn a permission. If that did happen, the decision would be quashed and the application would need to be reconsidered from scratch. So for anyone about to buy land, it’s sensible to wait out the six-week judicial review period before completing the purchase, just in case.
Do note that one possible legal process error that could open the door to a successful judicial review would be if the land ownership sections at the end of the original planning application form were not accurately completed. That’s another good reason to involve a planning consultant in your application process.
Practical steps to ensure your planning permission doesn't get withdrawn
So what should you do once you’ve got that coveted approval letter? Here are some practical steps to take:
- Start early Even if you don’t intend to build immediately, consider making a lawful start (such as digging foundations and pouring some concrete in them) within the three-year window.
- Discharge conditions methodically Don’t assume conditions are minor paperwork; treat them as seriously as the permission itself.
- Keep good records Take dated photographs of commencement works, keep correspondence with Building Control, and retain receipts.
- Be neighbour-aware Many judicial reviews come from disgruntled neighbours. Communicate openly where possible; a good relationship can save you from legal headaches.
- Check for legal challenges Before spending heavily, confirm that the judicial review window has passed with no challenge lodged.
Whether you're looking to apply for planning permission for a greenfield plot or you're hoping to get planning approval for an extension, gaining planning permission is both a milestone and a shield. Councils cannot casually withdraw it, and revocation is vanishingly rare. The real risks are more prosaic: letting the permission expire, failing to comply with conditions or being subject to a legal challenge in the early weeks.
Handled properly, however, your planning permission is robust. Once the six-week judicial review window has passed and you’ve lawfully commenced work, you can build with confidence, knowing your hard-won approval is secure.
