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In the news:- Council notified of Court of Appeal application

Council notified of Court of Appeal application
25 October 2017

Basildon Council has been notified of an appeal which seeks to overturn the recent decision of two High Court judges in the Planning Court to refuse permission to bring judicial review proceedings.

On 12 October Mr Justice Gilbart 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”.

The council 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.

Parliament introduced this legal measure to prevent delays in the ability to enforce planning notices.
The refusal on 12 October was issued after an oral hearing at court.

Previously Judge Waksman QC had, on 21 August 2017, agreed with the council’s argument that its decision was lawful.

Cllr Gavin Callaghan, Basildon Council’s Chairman of the Policy and Resources Committee, said: “This latest appeal is another attempt to challenge Basildon Council’s decision to decline to determine Mr Smith’s application for retrospective planning approval for the stationing of residential caravans on the site located in the green belt.

“Needless to say, the council stands by its actions and will continue to strenuously affirm that it has acted lawfully.”
It is yet to be confirmed when the case will be dealt with in the Court of Appeal.

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