Can retention be obtained if planning permission was refused?

[handbrake]

I think this will have a clear answer, but I cannot get confirmation anywhere, so if anyone can help, I would be grateful.

If a developer applies for planning permission, and the local authority refuses, can the developer obtain retention if they proceed?

Logic would say it would be a breach.

 

[Brendan Burgess]

As soon as the building starts, the local authority should take enforcement action to stop it, so the situation should not arise.

However, if they have not done this, then the developer could play cat and mouse with the council for years.

I very much doubt that they would get retention.

Brendan