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In the news:- Council notified of Judicial Review application in relation to Jessomine

Council notified of Judicial Review application in relation to Jessomine
26 October 2017

Basildon Council has been notified of an application for a Judicial Review in relation to the council’s use of a particular power which allows an authority to not determine a planning application.

The plot in question is known as ‘Land adjacent to Jessomine’ in Hovefields Avenue, Wickford, which had been used as a commercial dog kennelling business.

The planning application received by the council in July this year sought permission for stationing nine residential caravan pitches with associated parking and hardstanding but a planning enforcement notice had already been served in March 2017 requiring that the land be returned to its permitted use.

The landowner had lodged an appeal against another notice preventing the use of the land for storing caravans and this is currently awaiting determination by the Planning Inspectorate.

The council had used the Section 70C planning power not to determine the application because of the unauthorised development that had already taken place on the land.

Under planning law, the local planning authority can choose to decline to determine a retrospective planning application where planning enforcement notices exist. A change in the law allowing this discretion was made in 2011 with the intention of preventing retrospective planning applications from being used to delay enforcement action.

The council is considering its response to the application.