Travellers hire former planning chiefs to successfully overturn Fenland Council decision on mobile home site - Cambridgeshire

From the Cambs Times

Nick Seaton, now in private practice after being made redundant last year, teamed up with his former boss Derek McKenzie- also released by the council last year- to fight for Fred and Violet Smith at a planning appeal.

The Smiths had been refused permission for two mobile homes, two touring caravans and a day room at Bar Drove, Friday Bridge.

The council had alleged the homes would detract from the appearance of the area, would impinge on nearby houses, and questioned whether there was a need for more travellers’ sites in Fenland.

Not only did Mr Seaton and Mr McKenzie – now a Yorkshire based consultant- overturn the decision but the Government inspector criticised Fenland District Council for not providing enough sites.

“There is ample evidence that the district has a high level of unmet need for Gypsy and Traveller sites,” said John Felgate.

Mr Felgate said Fenland District Council currently had no policies to address either the issue of need or the other aims of increasing the supply of suitable sites. There was no “adopted criteria policy for assessing such proposals on an ad hoc policy” either said the inspector. Mr Felgate said biannual counts of traveller sites in Fenland showed there was a strong demand from people with attachments to the area and indicated a “significant level of unmet need”.

He quoted the council’s Traveller and diversity officer who said that all council owned sites were at full capacity, with no vacancies.

“Low rates of vacancy and turnover are generally associated with areas of under provision,” said Mr Felgate. “This evidence further reinforces my view that the district had an underlying need for more sites.”

Why inspector added ‘some weight’ to case for the Smiths

THE Smiths presently live on a family owned site at Marshland St James but this is now needed for the owner’s own sons. Legally, noted the inspector, they are now homeless.

Mr Smith ended up buying the land at Bar Drove although at one point had inquired about moving onto a new site at Blunt Drove in west Norfolk.

The inspector John Felgate agreed with the council’s argument that there was nothing exceptional or compelling about the Smiths case but he felt there was a need for a settled base.

“The appeal site would meet that need, and no alternatives have been identified,” said Mr Felgate.

“These considerations add some weight to the case for the appeal.”