Havering Council Issues Roseberry Gardens Basement Planning Stop Notice: Upminster 2026

Key Points

• Enforcement Action Issued: The London Borough of Havering has officially served a temporary stop notice against the owners and occupiers of 223 Roseberry Gardens, Upminster, RM14 1NF.
• Alleged Breach of Planning Control: The local authority identified unauthorised engineering operations and building works on the site, specifically “substantial excavation work to create an underground garden basement” and the construction of a ground-level outbuilding without planning permission.
• Immediate Cease Order: All building works and engineering operations at the property must halt immediately under section 171E of the Town and Country Planning Act 1990.
• Notice Timeline: The temporary stop notice took effect on 27 July 2026 and remains in full legal force until 21 September 2026.
• Named Parties and Enforcement Team: The notice (case reference ENF/242/26) was served to Mr Mihai Alexandru Codreanu and signed by David Colwill, Team Leader of Planning Enforcement at Havering Council.
• Severe Penalties for Non-Compliance: Contravailing the notice constitutes a criminal offence under section 171G of the 1990 Act, carrying a risk of immediate prosecution and unlimited fines.
• No Administrative Right of Appeal: There is no right of appeal to the First Secretary of State against the temporary stop notice; challenges can only be made via an application to the High Court for judicial review.

Upminster (East London Times) July 29, 2026 – A homeowner in Upminster has been legally ordered to cease all ongoing construction activity after local authority officers discovered “substantial” unauthorized engineering operations designed to construct an underground subterranean garden structure. The London Borough of Havering issued a temporary stop notice under section 171E of the Town and Country Planning Act 1990 to the owners and occupiers of 223 Roseberry Gardens, RM14 1NF, following reports of major earthworks occurring at the residential site without the necessary statutory permissions.

Why Has Havering Council Intervened at 223 Roseberry Gardens?

According to public documents published by the London Borough of Havering and reported by the local press, council planning enforcement officers identified significant, unapproved physical alterations underway in the rear grounds of the property.

As documented in the official notice signed by David Colwill, Team Leader of Planning Enforcement at Havering Council, the local authority determined that a formal breach of planning control had occurred. In the public notice issued under enforcement case reference ENF/242/26, Colwill stated:

“The breach of planning control is without planning permission, engineering operations to create an underground garden basement and to construct a ground level outbuilding”.

The council document further specified that:

“Building works and engineering operations have commenced without planning permission. Substantial excavation work to create an underground garden basement”.

Who Was Served with the Statutory Planning Notice?

As detailed in the public enforcement filings released by Havering Council, the formal communication was directly addressed and served on 27 July 2026 to Mr Mihai Alexandru Codreanu at 223 Roseberry Gardens, Upminster, as well as any other occupiers or individuals holding a legal interest in the land.

The primary requirement set out by the council is straightforward and mandatory: the recipient must immediately cease all building works and halt all ongoing engineering operations at the address.

What Are the Legal Conditions and Deadlines of the Temporary Stop Notice?

The temporary stop notice officially took effect on 27 July 2026, the date of its issuance, and will remain active until 21 September 2026. During this operational timeframe, the property owners and contractors are strictly prohibited from conducting further excavation, structural pouring, or outbuilding assembly.

Unlike standard planning enforcement notices, which often provide a grace period prior to taking effect, a temporary stop notice requires an immediate halt to specified site activities.

This tool gives the local authority time to thoroughly investigate the extent of the planning breach, evaluate environmental and structural risks, and determine whether further formal enforcement action is necessary.

Can the Recipient Appeal Against the Temporary Stop Notice?

As highlighted in the formal statutory annex provided by Havering Council, the legal framework governing temporary stop notices does not provide a standard administrative appeal route.

In the official notice, David Colwill highlighted that there is no right of appeal to the First Secretary of State against the temporary stop notice.

The annex explicitly warns recipients that if they wish to contest the validity or lawfulness of the order, they may only do so by submitting an application for judicial review to the High Court.

For procedural queries or negotiations, the council advised the recipients to contact Rachel McCrae, Senior Planning Enforcement Officer based at Romford Town Hall. Independent professional guidance from a qualified planning lawyer or consultant was also recommended in the annex.

What Penalties Apply If Building Works Continue?

Under Section 171G of the Town and Country Planning Act 1990, failing to comply with a temporary stop notice after it has been displayed on-site or served constitutes a serious criminal offence.

As set out in the council’s statutory warning, any party who contravenes the notice, or who causes or permits its contravention, faces immediate prosecution in the Magistrates’ Court.

Upon summary conviction for a first or subsequent offence, the maximum penalty is an unlimited fine. Furthermore, if a conviction is secured on indictment in the Crown Court, the potential fine also remains completely unlimited.

What Is the Background to This Planning Enforcement Development?

Under the legal powers established by Section 171E of the Town and Country Planning Act 1990 (as amended by the Planning and Compensation Act 1991 and the Planning and Compulsory Purchase Act 2004), local planning authorities in England and Wales are granted special powers to intervene rapidly when unauthorized developments occur.

A temporary stop notice is designed to act as an emergency measure. Unlike full stop notices—which can only be served alongside a standard enforcement notice—a temporary stop notice allows a council to halt unauthorized activity immediately without waiting weeks for an enforcement notice to take effect.

This mechanism is particularly utilized when engineering operations, such as deep structural excavations or basement works, risk causing irreversible damage, structural instability to surrounding plots, or severe disruption to neighboring residential areas.

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What Is Havering Council’s Broader Approach to Unauthorised Developments?

As published on Havering Council’s official planning enforcement guidance, the borough utilizes a hierarchy of enforcement procedures to address breaches of planning control.

While the council often seeks to negotiate solutions informally or invite retrospective planning applications where minor issues arise, it deploys statutory notices when unauthorized developments pose clear, significant risks or bypass critical regulatory frameworks.

In cases where temporary stop notices are ignored, Havering Council holds statutory powers to initiate criminal prosecutions or seek High Court injunctions.

In extreme scenarios, local authorities can also exercise “default powers” to enter private land, carry out direct action to rectify unauthorized operations (such as backfilling unapproved excavations), and recover all administrative and operational costs directly from the landowner.

Prediction: How Will This Development Affect Property Owners and Local Residents?

For nearby residents in Upminster and the surrounding Havering borough, the issuance of this temporary stop notice serves as a visible demonstration of local council oversight regarding substantial domestic developments.

Unauthorised engineering projects involving heavy subterranean excavation frequently raise community concerns regarding structural stability, ground movement, heavy machinery noise, and increased construction traffic in residential streets.

The immediate cessation of works until 21 September 2026 guarantees that no further ground disturbance or heavy engineering can proceed without formal council scrutiny.

Local residents can expect the property to remain under close monitoring by council planning enforcement officers during this period.

If the council ultimately decides that the underground garden basement and ground-level outbuilding are unacceptable in planning terms, the local authority may issue a full enforcement notice requiring the land to be restored to its original condition.

For property owners considering subterranean additions, basements, or large outbuildings, this enforcement development emphasizes the legal necessity of securing full statutory approvals before commencing engineering works.

Subterranean works almost universally require comprehensive planning scrutiny, building regulations sign-off, structural engineering calculations, and environmental impact assessments.

Homeowners who bypass planning permissions face severe financial and legal liabilities. Beyond the threat of unlimited criminal fines for breaching stop notices, property owners risk having to pay substantial sums to backfill unapproved excavations, remove constructed outbuildings, or reimburse council enforcement costs.

The strict enforcement action at Roseberry Gardens underlines that local councils possess the statutory tools and intent to halt unauthorized construction immediately upon discovery.