Certificate of Lawfulness Approved by Basildon Confirming Commencement of a Green Belt Replacement Dwelling
Certificate of Lawfulness from Basildon Council confirming that a planning permission for a Green Belt replacement dwelling near Billericay had been lawfully commenced before its expiry, through evidence of demolition and ground preparation works.
COL APPROVALSBASILDONESSEXGREEN BELT APPROVALS
Andrew Ransome
7/23/20262 min read
In 2025, Basildon Council approved a Certificate of Lawfulness confirming that a planning permission granted in April 2022 for a Green Belt replacement dwelling near Billericay had been lawfully commenced before its three-year expiry deadline.
The certificate confirmed that demolition of the existing mobile home and outbuildings and associated groundworks constituted a lawful commencement of development.
Certificate of Lawfulness for Commencement of Development in the Basildon Green Belt
I secured a Certificate of Lawfulness from Basildon Council confirming the lawful commencement of development at a site near Billericay in Essex.
The original planning permission, granted in April 2022, authorised the demolition of an existing mobile home and outbuildings, the construction of a replacement dwelling in the Green Belt, realignment of the internal access road, and associated ancillary works.
Planning conditions required that development must commence within three years — a deadline that was fast approaching.
The client had been unable to commence the full construction works within the three-year period.
However, certain preliminary operations had been carried out on the site: the mobile home and some outbuildings had been demolished, and ground preparation works had been undertaken.
The question was whether those operations amounted to a lawful commencement of development in planning law terms.
Under Section 56 of the Town and Country Planning Act 1990, development is begun on the earliest date on which any material operation comprised in the development begins to be carried out.
Material operations are broadly defined and include not only the laying of foundations but also demolition operations forming part of the development, together with the carrying out of digging, boring, and any other works required for the installation of a service.
I assembled the evidence of the works that had been carried out — photographs, contractor records, statutory declarations — and submitted a Certificate of Lawfulness application under Section 191 of the Act.
Basildon Council was satisfied and approved the Certificate, confirming the planning permission remained alive and the development could proceed.
Planning Application Advice
If your planning permission is approaching expiry and you have commenced works but not completed them, a Certificate of Lawfulness can confirm whether those works amount to a legal commencement. Early advice is important — contact me as soon as possible to discuss your situation.
Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk
About me
Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.
He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.
Certificate of Lawfulness Successes
Permitted Development Information
Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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