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In the news:- Judge upholds decision to refuse judicial review on land adjacent to Jessomine

Judge upholds decision to refuse judicial review on land adjacent to Jessomine
12 February 2018

The ruling of a High Court judge not to permit an application to judicially review Basildon Council’s refusal to determine a traveller’s planning application for a plot of land in Hovefields Avenue, Wickford, has been upheld.

The plot known as ‘land adjacent to Jessomine’ belongs to William Casey and was once used as a commercial dog kennelling business. Mr Casey exercised his right to have the earlier decision of a High Court judge reconsidered at an oral hearing.

This took place on Thursday 8 February with the court once again refusing to judicially review Basildon Council’s decision. His Honour Deputy Judge John Howell QC repeated the earlier view of Robin Purchas QC, which was made on 29 November 2017, that Basildon 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."

ENDS