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Thursday 24 July 2008 11.22am
Does Boris have the authority to recind previous decisions on planning matters? If he is cancelling the Congestion Charge changes (alas for me, I just got a super low emission car and should have been eligible for no CC at all) can he withdraw planning permission previously allowed? For example thehorrible Vauxhall Tower? How far back can he go?
Thursday 24 July 2008 11.28am
jackie rokotnitz wrote:
Does Boris have the authority to recind previous decisions on planning matters? If he is cancelling the Congestion Charge changes (alas for me, I just got a super low emission car and should have been eligible for no CC at all) can he withdraw planning permission previously allowed? For example thehorrible Vauxhall Tower? How far back can he go?

Any developments which have been through a Public Inquiry (eg. Vauxhall Tower, Shard of Glass), have been through national government and CANNOT be changed by Boris.
Thursday 24 July 2008 11.55am
No-one not even the Secretary of State can rescind planning permission. Otherwise mayhem would result ... mortgages secured on such a building would be repossessed en masse, developers would lose their entire investment, business tenants would need to relocate their operations...

However if a developer (as they often do) make a fresh application (to alter the mix of uses or design details) that can scupper things. E.g. the tower that is meant to go up where the old Volvo garage is, got permission but a new application is in because they swapped the hotel element for a student halls. If they don't get permission it may be unviable because they presumably were unable to get a hotel operator in.

Also third parties have a right to apply for Judicial Review for up to 3 months following an administrative decision. But JR cannot be about the merits, it must question whether the decision followed due process. A gross falsification of the likely traffic/noise generated by the scheme could be a ground for JR in a hypothetical case.

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