Monday, 16 September 2013

Returning Traveller trio pregnant as court fight looms - Essex

From the Ongar Gazette

TRAVELLERS occupying green belt land in Stapleford Tawney could face criminal proceedings from the council.


Epping Forest District Council is preparing to take "contemptuous" Travellers to the High Court to ensure they vacate its land.

At a meeting next week, councillors are expected to press ahead with plans to pursue legal action to see the group of about ten caravans moved off the Birch Field site, off Epping Lane.

An 11-page report says that the Travellers are the same ones who moved on in 2006 after drawn-out legal proceedings. As a result of the Irish Travellers' previous four-year stopover, both a High Court injunction and an Enforcement Notice already exist on the land. These are both still binding and the council is set to approve committal proceedings at the High Court.

The number of Travellers on the site is currently around 35, however that number is expected to rise to around 73.

In a list of occupants supplied by the Travellers' legal representative, over half of the expected inhabitants are children. Three women in the group are pregnant.

The report says: "The balance between adults and children is changing daily. It seems likely the situation will eventually be as described in the schedule submitted."

The report says the occupation of the land is contempt of court. It said: "The current occupiers of the site are named on the injunction and are aware of its terms. They have confirmed to officers that they recognise that their occupation of the site is (in) breach of the terms of the injunction.

"Consequently, the breach is particularly flagrant and amounts to a contempt of court.

"Such wilful and flagrant breaches of the terms of the injunction should be brought to the attention of the High Court save where there is a good reason for not doing so.

"Officers do not consider that any such reason exists in the present case."

The council officers have made several attempts to ascertain the needs of the Travellers, including sending out questionnaires and making appointments to see them.

At this point the questionnaires have not been returned despite being delivered to the Travellers two weeks ago. None of the appointments were kept.

The report gives reasons why the site, situated next to the M25, was and remains entirely unsuitable for habitation as a Travellers' site, including noise and air pollution.

It confirms that any planning application for a site would be refused on multiple grounds.

The Gazette attempted to reach several councillors on the relevant committee but unfortunately could not get through before press deadline on Tuesday.

An Epping Forest District Council spokesman said: "Officers do have authority to enter the land pursuant to section 178 of the Town and Country Planning Act 1990. However the council is required to carefully consider all reasonable courses of action available before exercising such powers.

"The council must act within the law and has sought counsel's advice on the best way to proceed. Officers were advised to refer the matter to the Plans East sub-committee on September 18."

Brentwood and Ongar MP Eric Pickles, Secretary of State for Communities and Local Government, confirmed he was aware of the situation but said he was unable to comment any further.

The council meeting will be held next Wednesday, September 18, at the Council Chamber, Civic Offices, on High Street, Epping.

No comments:

Post a Comment

Note: only a member of this blog may post a comment.