Gypsy planning appeal reveals 'illegal' Woodside Park - Warwickshire

From the Rugby and Lutterworth Observer

THE legality of the council-owned Travellers site near Ryton has been questioned during an appeal in which Gypsies won the right to stay on land near the tiny village of Barnacle.

Travellers won the appeal against the council's refusal to allow permission for a group to stay at Top Park for another two years.

The decision comes because Woodside Park in Ryton was seen as an unsuitable and unacceptable alternative for them.

A report to the Communities and Local Government minister considering the appeal said there was “a significant degree of uncertainty surrounding the lawful planning status of Woodside Park” which made it unsuitable as an alternative site for Top Park residents.

Although the report described the Top Park site as “significantly harmful to the prevailing character” of the countryside, the group of around 85 Travellers were given temporary permission to stay until August 2015 for fear that eviction would result in them moving to an illegal camp.

A borough council spokesman said: "We are disappointed to lose this appeal, though perhaps not surprised given recent ministerial statements.

"We believe we put a strong case to the inspector but we will not challenge the decision."

In a statement, Shilton and Barnacle Parish Council added: “We are disappointed temporary planning permission was granted, despite all of the evidence presented during the eight day appeal hearing by both the parish council itself and the very many local residents living in and around Barnacle.

“We will continue to work with Rugby Borough Council to seek to ensure it adopts the five-year supply of Traveller sites it is required to do, by its intended date of May 2014, and therefore finally removes the primary reason for the further granting of temporary planning permission at this site.”

The report stated the council's failure to provide a landscaped embankment between Woodside Park and Ryton Wood by June 1998 meant its use as a private Gypsy caravan site should have ceased.

A further outline permission was obtained by the council in 2007, but it related to operational development and did not give permission for the land to be used as a residential caravan site.

Although the report also noted there is not a Lawful Development Certificate for the use of the land, it states that seeking to close it would be illogical.

The borough council spokesman added: "The council has started the process of identifying and allocating sites for Gypsies and Travellers and there will be a public consultation in due course.

"In the meantime, we have successfully applied for funding to expand the site at Woodside Park.

"We will consider the inspector’s comments and take remedial action if necessary."

The Travellers bought the field at Top Park in 2003 and moved onto the land without planning permission, hoping for it to be granted retrospectively.

This was rejected by the borough council in 2011 after hundreds of objections were lodged by disgruntled residents who want to see the green-belt restored.

The Travellers then launched an appeal, delaying their eviction until it was heard.

Appeal costs for legal representation to be paid by the council have yet to be determined.