Planning granted on flse information

[highlandplanning]

Planning has been granted for some time now (18 months) with an adjacent site that I am unhappy with. Social development on an industrial site.

One of the supporting pieces of evidence was a letter from Scottish Water showing no objection to the application.
It turns out that Scottish Water have nothing to do with the system. It is private and under capacity for their use. It is on an industrial estate and the waste water system is co-owned by three people (one being the applicant and one being myself). Their part is designed for occasional use (old fuel station) and not the high volume intended development.

My question is: Is the permission still valid as it was based on incorrect services? Or do services not come into question on planning (although why would they be submitted?). Is there anything I can do to use this to stop the development or at least make it difficult?

Anything I have omitted that you need please let me know. And thank you in advance
In Scotland if there are any regional rules that apply

 

[Nakajo]

You have evidence to suggest that the correct water authority would have objected, given the opportunity? I'm not familiar with Scottish planning law, but I suspect you're on a hiding to nothing with this one.

 

[tony1851]

Once something has been granted planning permission, that's that.

If decisions could be overturned - on whatever grounds - the courts would be overrun with appeal cases and nothing would get built.

 

[highlandplanning]

ok I just wanted to check whether some sort of fraudulent claims could be made to slow or negate their progress. Thank you for the info much appreciated!!

 

[Nakajo]

There's no evidence of fraud here.

 

[highlandplanning]

last question. How long do I have to take them to a Judicial Review? As there is no specific time period for the submission of a Judicial Review it just needs to be submitted ‘without delay’.......
Permission was granted June 2014 and no start has been made.
I know this is costly at approx £25k

 

[Nakajo]

There are better things you can do with £25k

 

[highlandplanning]

it has a serious financial implication on my business. worth more than 25k to me

 

[Nakajo]

Caveat: I'm not a lawyer, and I'm not Scottish. You had 3 months from the decision date. Had you sought judicial review at that time, then (in pure statistical terms - so ignoring the specific facts of the case) you would have had a 1 in 4 chance of success. You don't appear to have much of a case, so it's probably fortuitous that you are now out of time.