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In the news:- Court of Appeal dismisses traveller’s appeal

Court of Appeal dismisses traveller’s appeal
09 January 2018

An appeal which sought to overturn the decision of two High Court judges in the Planning Court to refuse permission to bring judicial review proceedings against Basildon Council has been dismissed.

Rt Hon. Lord Justice Jackson refused the application without an oral hearing citing the judge’s interpretation of section 70C of the Town and Country Planning Act 1990 as “unquestionably correct”.

He said the council correctly interpreted section 70C and the appeal/judicial review claim did “not have a real prospect of success”. He added that there was “no other compelling reason to grant permission”.

On 12 October, 2017 Mr Justice Gilbart had refused an application to judicially review Basildon Council’s decision not to determine Michael Smith’s planning application for the plot known as “land west of Hovefields Avenue”.

Cllr Gavin Callaghan, Basildon Council’s Chairman of the Policy and Resources Committee, said: “The council stands by its actions to strenuously affirm that it had acted lawfully and I am delighted his Rt Hon. Lord Justice Jackson saw the folly in this appeal and dismissed it without a hearing.

Our approach is demonstrably working. That’s why we will continue to use all powers available to us to protect the green belt against unlawful development and ensure that the process is as effective and efficient as possible for the settled community.”

The applicant will have seven days from the date of the decision (2 January) to renew the application to an oral hearing. If an oral hearing is permitted the appellant must show that the proposed appeal stands a realistic prospect of success. If permission to appeal is refused at that stage, that is the end of the matter and there is no right of further appeal to the Supreme Court.

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