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Judge refuses judicial review of decision not to determine planning application

A council has welcomed a High Court judge’s refusal – following an oral hearing – to grant permission for a judicial review of the authority's decision not to determine a traveller’s planning application for a plot of land.

Basildon Council argued that its decision in relation to the plot west of Hovefields Avenue, Wickford was lawful.

In August Judge Waksman QC refused the applicant, Michael Smith, permission on the papers.

Smith sought an oral hearing but Mr Justice Gilbart this week declined to grant permission for a judicial review.

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Basildon has been awarded all costs claimed, which it said amounted to more than £5,000.

The council said it had used the planning power not to determine the application because enforcement notices had already been served to remove unauthorised development that had already taken place on the land.

Cllr Gavin Callaghan, Basildon’s Chairman of the Policy and Resources Committee, said: “This decision is further evidence that the tactics Basildon Council uses in respect of dealing with illegal developments works. We have a long-established track record of effective operational decisions that help to progress action against those who break the law.

“This council will continue to do everything possible to ensure that we fully enforce all available legal powers given to local authorities to tackle illegal development in the borough, just as we always have done."

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