Planning loophole allows Gypsies to stay put - Winchester

RESIDENTS are furious with Winchester City Council after an apparent blunder allowed a group of Gypsies to remain in a caravan site.

Micheldever Parish Council slammed the council planning department after its attempt to evict six families from Carousel Park near Micheldever failed.

The council granted permission for the site in 2003 but included a legal agreement that all residents were travelling Showmen.

The authority claimed six of the current occupying families were in breach of this agreement and issued eviction notices before the matter was taken to an appeal in October.

But planning inspector Douglas Morden quashed the notices, ruling the agreement was never officially incorporated into the permission and therefore did not restrict site occupancy.

In his decision he said: “It is clear that the 2003 planning permission is not limited as there is no condition attached to it that restricts occupancy and the legal agreement, which does contain a restriction, was not incorporated into the permission.”

Peter Bradley, of the parish council planning committee, said the city council had let the local residents down and failed to do their job properly.

He said: “There’s no shadow of a doubt they have let us down. It’s not the duty of the parish council, who are trying to do the best for the people, to be thwarted by sheer crass legal and administrative incompetence.
“There’s a tremendous feeling of frustration and anger in the village. We are paying for the planning department to do their jobs and it is really not on.”

Cllr Stephen Godfrey, who represents Micheldever on the city council, said he shared the disappointment of local residents.

He said: “I know the people of Micheldever will be very disappointed because back in 2003 when the decision was made to allow the site to be developed for travelling Showmen there was a clear assurance given by planners at the time that the safeguards in place to ensure that would be adequate. It soon became clear this was not the case and it has been challenged at every stage and now the planning inspector has confirmed that with this decision.”

In response to the decision the council confirmed it was considering its options, which could include a legal challenge.

A spokesman said: "The Inspector's decision raises complex issues which we need to consider over the next few days and discuss our response with local councillors."

But Cllr Godfrey said he did not think a judicial review would prove successful.

He said: “For it to be successful it has to be on a point of law and not just because we disagree with the result so it will not be easy.”

Although the decision went against the council, an application for costs by the appellants was turned down by the inspector.