St Cyrus Traveller site court move hits new delay - Aberdeenshire

From the Courier

Delays to an eviction battle involving Travellers on the Angus and Mearns boundary have been branded as “unacceptable” by a sheriff.

Building work on the unlawful encampment near the beach at St Cyrus will remain in place for at least another fortnight, due to a “lack of answers” over a violated interdict order.

The dispute between Aberdeenshire Council and Traveller James McCallum is no closer to resolution after five months and the court’s patience is wearing thin.

Mr McCallum did not appear in court during a hearing on Thursday, and it emerged defence solicitors had not filed answers — a written statement by the defendant — since the last calling on December 20.

Council solicitor Robin Taylor confirmed that Mr McCallum continues to deny the breach.

“No answers have been lodged,” he told Stonehaven Sheriff Court. “I understand a motion has been lodged to have this hearing discharged.”

Graham Garden, acting as proxy for defence agent Whelan & Co. of Arbroath, said: “I appear as the local agent, as Mr (Nick) Whelan is involved in a jury trial in Peterhead.

“We would seek to promulgate answers within 14 days and have another hearing in four weeks.”

Mr Taylor indicated the council agreed but Sheriff Chris Shead said: “I don’t suppose you’d be surprised to hear that the court finds this (delay) unacceptable.”

“Bearing in mind the nature of what is sought, there is no reason at all for more than seven days to allow for answers to be lodged.”

Mr McCallum faces allegations that he and other occupants of the site breached an interim interdict placed on the land they occupy.

This week The Courier revealed that residents feel the community has been “ripped apart” by the drawn-out legal wrangle, at the same time as the camp’s occupants put up signs proclaiming the site to be known as “North Esk Park.”

Villagers fumed after Mr McCallum and several other members of the travelling community moved on to a patch of land next to Eskview Farm over the weekend of September 21.

Within two days, the patch of grass had been transformed into a partially functioning caravan site and a retrospective planning application for permission to build a 10-stance permanent facility was submitted on September 23.

The council placed a stop notice on the site and later obtained an interim interdict from Stonehaven Sheriff Court to prohibit work continuing.

That interdict was extended and subsequent allegations of a breach of the order were made to the council, a claim denied by all those involved.

The Scottish Environment Protection Agency revealed a new flood map last week which indicates the site borders an area listed as “highly likely” to be subject to flooding.

The camp has the river North Esk to the south and coastline to the east, and nearby residents have previously spoken of their fears poor drainage infrastructure and a disruption to the land could cause flooding.

Traveller Duncan Reid, one of the four owners of the land, said he has been trying to get a site in St Cyrus for 15 years.

He said since the caravans had arrived he hoped to have a “lovely”, well-kept site.