Basildon Council has had a long battle in an attempt to prevent the Hovefields site becoming a second Dale Farm.

The council has served enforcement notices against developers who were carrying out development work illegally at two sites.

One site is known as “the land west of Hovefields Avenue” and the other is the land adjacent to Jessomine.

In March, the council served planning enforcement notices to the land developers at the land west of Hovefields Avenue. The was already subject to an injunction that was initially obtained in August 2016 to stop the defendants from stationing any more caravans than the five reported to be on the land at that time.

Bailiffs instructed by the council and supported by police officers attended the site as part of the ongoing investigation into the breach of a High Court injunction against illegal development.

The applicant, Michael Smith, then submitted a retrospective planning application to Basildon Council. The council received the application in April.

A retrospective planning application is where local authorities decide whether proposed developments should be allowed to go ahead. Mr Smith proposed to change the use of the land to build hardstanding for six caravan pitches.

In May, Basildon Council refused to determine Mr Smith’s retrospective planning application.

Under planning law, local authorities can choose to reject to determine a retrospective planning application where planning enforcement notices are in force.

Mr Smith appealed to the High Court to seek permission for judiciary review for Basildon Council to determine his application.

In August, the council welcomed the refusal by a High Court Judge to review the council’s decision not to determine the planning application. The High Court rejected another appeal on October 12.

Yesterday, the council received a notice for a judiciary review from the owner of the land adjacent to Jessomine, to challenge council’s refusal to determine the retrospective application. The land had been used as a commercial dog kennelling business.

The developer submitted a retrospective planning application to seek 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 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.