Caravans ban gives Travellers' site campaigners hope - Sussex

From Crawley News

CAMPAIGNERS fighting against a proposed Traveller site in Broadfield have discovered a historic document banning caravans from the area.

Residents have unearthed a Land Registry agreement from 1946 which has "restrictive covenants" linked to land at Buchan Park Kennels – the site Crawley Borough Council has earmarked as a permanent home for Travellers.

The document states: "No hut, caravan, or house on wheels or other temporary building ... shall be erected or placed on the property."

However, the council has said such restrictive covenants do not affect the planning stage of a proposal and may not be "relevant" anyway.

Natalie Bingham, from Broadfield, said the protesters are on "tenterhooks" waiting to find out if this will swing the decision in their favour.

The 41-year-old said: "It was a good moment when we found the document and we've got our own legal team looking at it.

"We are still very hopeful the council will agree to look at other areas.

"There are strong feelings objecting to this. We had 1,107 people sign a door-to-door petition in Broadfield.

"An area in Langley Green has already been ruled out but there must be plenty of other possible sites."

Borough councillor Liam Marshall-Ascough is supporting the campaigners and is concerned the council may have wasted time and money.

He said: "If this covenant is proved enforceable I will despair.

"The council has already spent about £40,000 investigating Ewhurst Playing Fields as a possible cemetery site before looking elsewhere and now we have this.

"Time and money could end up being wasted looking into a Travellers' site in Broadfield when a restrictive covenant on the land already existed. Surely we should have known about it?

"I imagine it would be a lengthy, expensive process to reverse this covenant."

There are also concerns about horses that continue to graze on the land, despite a council order for them to be removed expiring.

Broadfield South councillor Colin Moffatt said the council is now taking court action to legally move them while still monitoring the animals' wellbeing.

A Crawley Borough Council spokesman said: "Restrictive covenants, and other rights affecting land, are not normally taken into account during the planning process, the job of planning is to identify if the land, in principle, is suitable for the proposed use. Legal considerations would be considered following planning approval.

"This particular covenant, between the council and three bordering land owners, was applied in 1946 when the land had a specific use and the town was a very different place."

The spokesman added that the covenant can only be enforced in certain circumstances and that the council may be able to override it with its statutory powers.

The council has to include the needs of Travellers in its Local Plan or face losing control of planning around the town.