River Lane Gypsy site planning row inquiry comes to an end - Surrey

From the Leatherhead Advertiser

A PLANNING inquiry into an unauthorised Gypsy site has finished and will now report to a government minister.

The inquiry was held because Gypsies living in River Lane, Leatherhead, appealed against Mole Valley District Council's decision last December to refuse planning permission for four caravan pitches.

Experts and interested parties gave evidence during the four-day hearing, which ended on Friday, and planning inspector Antony Fussey will now compile a report for Eric Pickles, the Secretary of State for Communities and Local Government.

Barrister Robin Green, representing the council, said: "The overarching issue at this inquiry is whether or not the appellants have established material considerations that clearly outweigh the harm caused to the green belt and any other harm. This requires, ultimately, a value judgement."

Families living on the site claim it was unfair to refuse planning permission because the council has failed to find an alternative site and because their children – including one who has cystic fibrosis and several who have special educational needs – are settled with schools and doctors.

But the council insists the personal circumstances of the Gypsies do not outweigh their effect on green belt land.

Mr Green said: "The harm in this case is substantial and has persisted for some nine years.

"While the appellants' health and educational needs are plainly deserving of sympathy, neither they nor the other matters relied on clearly outweigh the harm caused by the development to openness, character and appearance."

But barrister Alan Masters, representing the gypsies, said councillors overstepped their powers by refusing his clients' application after council officers recommended granting permission.

He said: "The councillors had the environmental impact assessment (a document prepared by officers) and they had a very big steer that it would not be proportionate to move these families without a site to go to." Mr Masters said Councillor Emile Aboud (Con, Fetcham West) openly stated he did not accept the officers' conclusions during the debate on the issue.

He added: "A councillor exceeds his power enormously, without merit or qualification, when he seeks to impinge a robust assessment carried out properly by the council."

And Mr Masters said offering temporary planning permission while a further search for an alternative was found "would not be proportionate in any way".

He said: "I ask you to bite the bullet, now nine years down the line, and not drag the misery out for my clients for another four or five years.

"That would be neither humane or compassionate."