Council to contest legal action over decision to decline to determine application

Basildon Council has said it intends to contest a claim for judicial review over its decision to decline to determine a planning application.

The application sought to retrospectively allow six caravan pitches on ‘Land West of Hovefields Avenue’.

An application for permission to proceed with the claim for judicial review has been issued in the High Court.

Basildon said: “In accordance with planning law, the council as local planning authority declined to determine the application because planning enforcement notices had already been served to remove the unauthorised development on green belt land.

“The law was changed in 2011 allowing local planning authorities this discretion to prevent retrospective planning applications from being used to delay enforcement action. The council has submitted a response to the court confirming that it intends to contest the claim.”

Basildon said it was awaiting the court’s decision on whether or not the applicant has an arguable case in order that permission ought to be given for the case to be heard.