Judge rejects bid for judicial review over refusal to determine planning application

A High Court judge has rejected an application for a judicial review into Basildon Council’s refusal to determine a traveller’s planning application for a plot of land.

The plot in Hovefields Avenue, Wickford is known as ‘land adjacent to Jessomine’ and belongs to William Casey. It was once used as a commercial dog kennelling business.

Casey exercised his right to have an earlier decision of a High Court judge on the papers reconsidered at an oral hearing.

Following a hearing on 8 February, His Honour Deputy Judge John Howell QC repeated the earlier view of Robin Purchas QC, which was made on 29 November 2017, that the council had acted lawfully.

The council used the Section 70C planning power not to determine an application received in July 2017 for nine caravan pitches with associated parking and hardstanding because unauthorised development had already taken place on the land.

A planning enforcement notice had been served in March 2017 requiring that the land be returned to its permitted use.

Cllr Gavin Callaghan, Chairman of Basildon Council’s Policy and Resources committee, said: "This decision proves that we are using the right tactics to tackle unauthorised developments across the borough. We will continue to take a robust approach, using all available powers to address flagrant breaches of planning law."