Gleeson was notified by PINS last week that its application to build 180 homes on a greenfield site in Malmesbury in Wiltshire had been granted approval on appeal following Wiltshire Council's refusal of the plans in March last year.
However, PINS subsequently sent a letter to the developer saying that the decision had been withdrawn and that the SoS had decided to call in the application. It said that the first letter had been issued due to an administrative error.
According to reports, Gleeson has sent a response to PINS in which it says that the SoS has no legal power which permits him to withdraw the issued permission.
It said that the letter granting permission stated that the permission would remain in force until or unless it was quashed by the Court following an application under the Town and Country Planning Act 1990. Or it could be revoked by the local authority or the SoS, but then compensation would have to be paid.
"The Secretary of State is alleging a breakdown of communication resulting in the Planning Inspectorate failing to act on an earlier direction," said Gleeson managing director Scott Chamberlain.
"This does not, and cannot, alter the fact that a lawful planning permission has been granted. Any attempt to quash or revoke the valid decision through the courts will be vigorously defended by Gleeson," he said.
Chamberlain said that the decision to withdraw the permission was "totally at odds with the Government’s commitment to economic recovery through house building and its commitment to addressing housing affordability issues".
Gleeson said in its letter to PINS that it would "vigorously defend" any attempt to quash or revoke the permission and that if the SoS "continues to assert that the permission has been withdrawn" it will "respond as necessary to protect the planning permission".
