Planning: Council May Face Costly Court Case.

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“QC Geoffrey Stephenson has studied the application and the statement from John Hobson QC and has considered that your decision may be legally flawed.”

The statement by Planning Consultant, Cliff Burry, acting on behalf of his clients at Manor House Farm, Brentwood Road, Bulphan indicates that the controversial decision to reverse the granting of planning permission on green belt land may yet end up with a costly judicial review in the High Court.

To recap: Permission was granted on January 7th for extension work and loft conversions on the Bulphan property. QC John Hobson was brought in to advise the committee that the decision they made may be unlawful. The decision was reversed.

The committee discussed a number of things. The first was the “proportionality argument” whereby council have to decide whether the proposed extension is proportionate or otherwise to the original building. Opinions seemed to differ.

The other key point was made by Mr K Williams from Legal Services that all they had from Mr Burry’s QC was not a document on headed paper and signed at the bottom but a series of points in an e-mail.”

Cllr Gerard Rice said: “The council only has £2.5 million in reserve. We have to be careful not expose ourselves to a costly legal challenge as we did with Mr Holdings.”

The decision was made to defer the issue so that the applicants can formally submit the advice of the QC.

2 COMMENTS

  1. QC Geoffrey Stephenson has studied the application and the statement from John Hobson QC and has considered that your decision may be legally flawed.” ______ The other key point was made by Mr K Williams from Legal Services that all they had from Mr Burry’s QC was not a document on headed paper and signed at the bottom but a series of points in an e-mail.”Is this the best Mr Williams can come up with no wonder he works for Trurrock Council he would never make it in the real World, i am sure when this case becomes legal and costs the Tax paying people of Thurrock, I bet he wished it was only an e-mail how sad he is.

  2. Why do they refuse planning permission for a man to extend his own home on his own land because it is in a green belt but TTGDC feel it is perfectly alright to dig up 125 acres or green belt in Aveley and build 350 houses along what was once a bypass to take traffic away from the housing??
    is it because this man only wanted the home for himself, the improve his own enviroment?? whereas destruction of green belt in aveley is supposed to benefit us all
    well think again, if its ok to destroy 125 acres of green belt in Aveley for 350 homes then it must be perfectley alright for this man to extend his house, you can have it both ways can you??

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