From SW Londoner
Travellers thrown out of Croydon could face arrest and tough sanctions if they return to the same sites, the borough’s Conservative council said yesterday.
Fifteen caravans were evicted by council officers and police from Lloyd Park on Thursday July 4 after causing damage to the sites and leaving behind rubbish heaps.
An agreement between police and the council is being drawn up to see travellers facing arrest under a section 61 notice.
Councillor Simon Hoar, cabinet member for community safety and public protection, said: “These Travellers were a particularly nasty group, who were threatening and abusive.
“Thursday’s operation sends out a clear message that we will not tolerate this type of behaviour in Croydon.”
Travellers are said to have caused mess requiring a £25,000 clean-up after they stayed at Croydon Athletic Football Ground near Mayfield Road.
Mounds of builders’ rubbish, domestic waste and an entire caravan were also left in Sanderstead Recreation Ground last week.
A total of 37 encampments were moved on this year with the majority found in parks, the public highway and council-owned land.
Council officers dealt with 83 unauthorised encampments last year, which in some cases required bailiffs, at a cost of more than £128,000.
Superintendent Rob Atkin, Deputy Croydon Police Borough Commander, said: “We will be working closely with local partners and the council to ensure we're using the full range of powers available to us all to tackle any illegal encampments on the borough.
“Any groups that continue with this behaviour can expect to be dealt with robustly.”
Saturday, 13 July 2013
Council workers dig out Travellers from illegal Brighton camp - Sussex
From the Argus
The fiasco over Travellers in Brighton rumbled on as a group faced two evictions in a day.
Brighton and Hove City Council was forced to dig an exit route in a bank and carry out the evictions as the Irish Travellers went from one illegal camp to another.
Hours after being evicted from fields off Bexhill Road, Woodingdean, the group was facing eviction at a second camp just under three miles down the road at East Brighton Park.
The group, made up of 23 vans, has now been at five city sites in three weeks.
After starting the day in Woodingdean, the Travellers said they were unable to leave using the steep bank they arrived on.
The council agreed to dig an exit route leading to fears more Travellers would arrive.
By the afternoon, the council had obtained a Section 61 order to move them on, following reports of anti-social behaviour.
Police attended after disputes erupted between residents and Travellers as they left the site.
The group headed straight for East Brighton Park, off Wilson Avenue, to set up a second illegal camp.
Hours after arriving, the group was facing a second Section 61 eviction order.
A council spokeswoman said last night: “The police and the council agreed that the threshold for a section 61 had been met to evict the Travellers from East Brighton Park. “
"The council has therefore formally requested this and the police have agreed. The police will be implementing this shortly.”
Simon Kirby, MP for Brighton Kemptown and Peacehaven, said: “I have been raising concerns about the closure of the Horsdean site with the council for some time now.
“The delays in reopening the site has gone on for far too long and I have long warned that further unauthorised encampments were the likely consequence.”
Councillor Geoff Wells, Conservative member for Woodingdean, said: “The council is frightened the Travellers will challenge them in court if they try and move them out of the city but I think we should call their bluff.”
The group arrived at Waterhall playing fields around three weeks ago.
The council obtained a possession order and they moved to Braypool playing fields, on June 28.
Hours before they were due to be evicted from Braypool they moved to Carden Park, Hollingbury, on Sunday, July 7.
The council was due to go through the courts for a possession order but the group moved on to the Woodingdean fields on Wednesday.
The fiasco over Travellers in Brighton rumbled on as a group faced two evictions in a day.
Brighton and Hove City Council was forced to dig an exit route in a bank and carry out the evictions as the Irish Travellers went from one illegal camp to another.
Hours after being evicted from fields off Bexhill Road, Woodingdean, the group was facing eviction at a second camp just under three miles down the road at East Brighton Park.
The group, made up of 23 vans, has now been at five city sites in three weeks.
After starting the day in Woodingdean, the Travellers said they were unable to leave using the steep bank they arrived on.
The council agreed to dig an exit route leading to fears more Travellers would arrive.
By the afternoon, the council had obtained a Section 61 order to move them on, following reports of anti-social behaviour.
Police attended after disputes erupted between residents and Travellers as they left the site.
The group headed straight for East Brighton Park, off Wilson Avenue, to set up a second illegal camp.
Hours after arriving, the group was facing a second Section 61 eviction order.
A council spokeswoman said last night: “The police and the council agreed that the threshold for a section 61 had been met to evict the Travellers from East Brighton Park. “
"The council has therefore formally requested this and the police have agreed. The police will be implementing this shortly.”
Simon Kirby, MP for Brighton Kemptown and Peacehaven, said: “I have been raising concerns about the closure of the Horsdean site with the council for some time now.
“The delays in reopening the site has gone on for far too long and I have long warned that further unauthorised encampments were the likely consequence.”
Councillor Geoff Wells, Conservative member for Woodingdean, said: “The council is frightened the Travellers will challenge them in court if they try and move them out of the city but I think we should call their bluff.”
The group arrived at Waterhall playing fields around three weeks ago.
The council obtained a possession order and they moved to Braypool playing fields, on June 28.
Hours before they were due to be evicted from Braypool they moved to Carden Park, Hollingbury, on Sunday, July 7.
The council was due to go through the courts for a possession order but the group moved on to the Woodingdean fields on Wednesday.
Altercation at Saltdean Oval between Travellers and locals - Sussex
From the Argus
Travellers and local residents are embroiled in a stand-off at Saltdean Oval after a convoy of caravans tried to park on the green.
Reports suggest the residents have parked their cars and vans across the entrance to the green in an attempt to block the Travellers' vehicles.
The Rottingdean and Saltdean Lions are scheduled to hold their Gala Day fair on the green tomorrow.
An eyewitness said: "The Travellers are threatening to destroy the fair for the Lions tomorrow if the residents' cars aren't moved.
"There is a police car here. Things are getting very heated and the groups are arguing."
Travellers and local residents are embroiled in a stand-off at Saltdean Oval after a convoy of caravans tried to park on the green.
Reports suggest the residents have parked their cars and vans across the entrance to the green in an attempt to block the Travellers' vehicles.
The Rottingdean and Saltdean Lions are scheduled to hold their Gala Day fair on the green tomorrow.
An eyewitness said: "The Travellers are threatening to destroy the fair for the Lions tomorrow if the residents' cars aren't moved.
"There is a police car here. Things are getting very heated and the groups are arguing."
Man questions council over Gypsy and Traveller site planning decision - Bedfordshire
From Biggleswade Today
A villager has questioned the council’s methods when discussing Gypsy and Traveller site applications.
Mr Sims of Upper Caldectote believes that Central Beds Council should not have approved a planning application to extend the Gypsy and Traveller site at Magpie Farm, Hill Lane, Upper Caldecote because existing planning regulations were not being abided by.
On Wednesday, June 19 the council’s development management committee gave the green light for an additional five pitches at the site, meaning that a total of seven static or mobile caravans could legally stay on the site.
Mr Sims said: “Prior to the meeting members of the committee paid an unannounced visit to the site, which they found untidy with 12 caravans scattered around the site.
“This is what the local nearby residents have been complaining about, together with noise.”
Speaking at the meeting Helen Papworth, vice chair of Northill Parish Council, said: “Our council is frustrated by the lack of Central Beds Council enforcement to take action on the repeated planning infringements on the site. If current planning conditions are not being adhered to we think it would be completely inappropriate to pass this application.”
Another councillor described the “flagrant disregard for conditions” with a much higher number of caravans on site than allowed, to the extent that “granting this permission would actually result in a loss of pitches.”
Speaking on Wednesday, a Central Beds Council spokesman said: “Many issues were assessed by the council, including the impact on the character of the area and on the amenities of neighbouring properties.
“Government guidance dictates that any need for Gypsy and Traveller pitches must also be a factor in the consideration of such applications.
“The council concluded that the proposal complied with relevant planning policy and that planning permission should be granted.
“Planning law is clear that planning applications are to be determined on their merits, notwithstanding the situation at the site when a decision is made. The council will be liaising with the applicant to ensure that the conditions imposed as part of the planning approval are complied with.”
Consultation responses were considered, he added.
A villager has questioned the council’s methods when discussing Gypsy and Traveller site applications.
Mr Sims of Upper Caldectote believes that Central Beds Council should not have approved a planning application to extend the Gypsy and Traveller site at Magpie Farm, Hill Lane, Upper Caldecote because existing planning regulations were not being abided by.
On Wednesday, June 19 the council’s development management committee gave the green light for an additional five pitches at the site, meaning that a total of seven static or mobile caravans could legally stay on the site.
Mr Sims said: “Prior to the meeting members of the committee paid an unannounced visit to the site, which they found untidy with 12 caravans scattered around the site.
“This is what the local nearby residents have been complaining about, together with noise.”
Speaking at the meeting Helen Papworth, vice chair of Northill Parish Council, said: “Our council is frustrated by the lack of Central Beds Council enforcement to take action on the repeated planning infringements on the site. If current planning conditions are not being adhered to we think it would be completely inappropriate to pass this application.”
Another councillor described the “flagrant disregard for conditions” with a much higher number of caravans on site than allowed, to the extent that “granting this permission would actually result in a loss of pitches.”
Speaking on Wednesday, a Central Beds Council spokesman said: “Many issues were assessed by the council, including the impact on the character of the area and on the amenities of neighbouring properties.
“Government guidance dictates that any need for Gypsy and Traveller pitches must also be a factor in the consideration of such applications.
“The council concluded that the proposal complied with relevant planning policy and that planning permission should be granted.
“Planning law is clear that planning applications are to be determined on their merits, notwithstanding the situation at the site when a decision is made. The council will be liaising with the applicant to ensure that the conditions imposed as part of the planning approval are complied with.”
Consultation responses were considered, he added.
Stourton's MP backs new Gypsy site planning rules - Staffordshire
From the Stourbridge News
SOUTH Staffordshire MP Gavin Williamson has given his backing for new planning guidelines over the controversial issue of Gypsy and Traveller sites.
The MP revealed he was forced to step in recently following proposals to create a Gypsy site in Stourton by the A449 at Prestwood.
He wrote to South Staffordshire District Council urging them to consider the new guidelines and said: “The green belt should be protected from these encampments, where they are totally inappropriate.
“It is my hope that what the government is doing will make it a lot more difficult to put forward ridiculous proposals, such as a Gypsy and Traveller site in Stourton.”
It follows a government ruling cancelling the ‘equality and diversity in planning rules’, introduced by the previous Labour government and described as ‘outdated, excessive in length and sending unhelpful signals about the planning process.
The new paper states that plan making and decision taking should protect green belt from inappropriate development.
It claims Traveller sites, either temporary or permanent in the green belt, are inappropriate development and local planning authorities should strictly limit new Traveller site development in open countryside.
The paper also confirms that unmet need does not in itself constitute the ‘very special circumstances; necessary to permit in appropriate development on green belt.
Mr Williamson added: “I think the scrapping of this ridiculous previous policy is extremely sensible.
“Prescott dreamt up these stupid rules and I am glad to see they are now being thrown out.”
SOUTH Staffordshire MP Gavin Williamson has given his backing for new planning guidelines over the controversial issue of Gypsy and Traveller sites.
The MP revealed he was forced to step in recently following proposals to create a Gypsy site in Stourton by the A449 at Prestwood.
He wrote to South Staffordshire District Council urging them to consider the new guidelines and said: “The green belt should be protected from these encampments, where they are totally inappropriate.
“It is my hope that what the government is doing will make it a lot more difficult to put forward ridiculous proposals, such as a Gypsy and Traveller site in Stourton.”
It follows a government ruling cancelling the ‘equality and diversity in planning rules’, introduced by the previous Labour government and described as ‘outdated, excessive in length and sending unhelpful signals about the planning process.
The new paper states that plan making and decision taking should protect green belt from inappropriate development.
It claims Traveller sites, either temporary or permanent in the green belt, are inappropriate development and local planning authorities should strictly limit new Traveller site development in open countryside.
The paper also confirms that unmet need does not in itself constitute the ‘very special circumstances; necessary to permit in appropriate development on green belt.
Mr Williamson added: “I think the scrapping of this ridiculous previous policy is extremely sensible.
“Prescott dreamt up these stupid rules and I am glad to see they are now being thrown out.”
Friday, 12 July 2013
Gypsy camp set up on charity-owned land - Surrey
From Get Surrey
Charity-owned land in Walton has become home to a group of Travellers.
Around eight caravans arrived and set up on land owned by the Walton Charity, at the junction of Severn Drive and Rydens Road, at around 9.30pm on Thursday (July 11).
The site is next door to Sherwood House care home, also run by the charity.
Nigel Lucas, director of residential services at Walton Charity, said: "We are currently looking at what options are available, and keeping an eye on what's going on.
"The number of caravans doesn't seem to be growing. They were noticed at about 9.30pm on Thursday by people in the care home.
"The Travellers have been no trouble to us though, there haven't been any difficulties or disturbance."
Elmbridge Borough Council, which leases the land as public open space from the Walton Charity, said they would be working with them to "repossess the land".
A council spokesman added: "The council's grounds maintenance contractor will be carrying out site litter clearance where practicable. The site will be re-secured and any remaining litter completely cleared when the area is repossessed."
Walton Charity is an amalgamation of 11 charities, the oldest of which dates back 800 years, and it provides almshouses, allotments and grants and relief for those in need.
Charity-owned land in Walton has become home to a group of Travellers.
Around eight caravans arrived and set up on land owned by the Walton Charity, at the junction of Severn Drive and Rydens Road, at around 9.30pm on Thursday (July 11).
The site is next door to Sherwood House care home, also run by the charity.
Nigel Lucas, director of residential services at Walton Charity, said: "We are currently looking at what options are available, and keeping an eye on what's going on.
"The number of caravans doesn't seem to be growing. They were noticed at about 9.30pm on Thursday by people in the care home.
"The Travellers have been no trouble to us though, there haven't been any difficulties or disturbance."
Elmbridge Borough Council, which leases the land as public open space from the Walton Charity, said they would be working with them to "repossess the land".
A council spokesman added: "The council's grounds maintenance contractor will be carrying out site litter clearance where practicable. The site will be re-secured and any remaining litter completely cleared when the area is repossessed."
Walton Charity is an amalgamation of 11 charities, the oldest of which dates back 800 years, and it provides almshouses, allotments and grants and relief for those in need.
Travellers refuse to leave Carnival Field - Cheshire
From wilmslow.co.uk
As reported yesterday, Cheshire East Council were given a repossession order at Macclesfield Court on Thursday morning by District Judge Wallace, to enable them to take back possession of Carnival Field.
The Council then gave notice to the Travellers, who have been camped on Carnival Field for the past ten days, to leave by 5pm otherwise officers would turn up with the bailiffs to enforce the order.
However, they refused to leave and yesterday evening 24 caravans remained on the site.
A spokesperson for Cheshire East Council said: "The Council served a repossession order on the Gypsies/Travellers that are on Carnival Fields, off Altrincham Road, Wilmslow yesterday (Thursday). They were required to leave by 5pm that day or face enforcement by bailiffs to clear the site.
"However, the Travellers refused to leave. We are now going back to court to apply for court bailiffs to attend and help Council staff remove them as soon as possible.
"Our streetscape officers have also been out and replaced locks and further secured Council sites where we can in the area. We are also looking at other actions to help secure our sites from unlawful encampments in the future."
Prior to being camped off Altrincham Road this group of Travellers spent two weeks on fields adjacent to the A34 bypass where they left mounds of rubble and rubbish - and the High School facing a £10,000 bill to clean up after them.
As reported yesterday, Cheshire East Council were given a repossession order at Macclesfield Court on Thursday morning by District Judge Wallace, to enable them to take back possession of Carnival Field.
The Council then gave notice to the Travellers, who have been camped on Carnival Field for the past ten days, to leave by 5pm otherwise officers would turn up with the bailiffs to enforce the order.
However, they refused to leave and yesterday evening 24 caravans remained on the site.
A spokesperson for Cheshire East Council said: "The Council served a repossession order on the Gypsies/Travellers that are on Carnival Fields, off Altrincham Road, Wilmslow yesterday (Thursday). They were required to leave by 5pm that day or face enforcement by bailiffs to clear the site.
"However, the Travellers refused to leave. We are now going back to court to apply for court bailiffs to attend and help Council staff remove them as soon as possible.
"Our streetscape officers have also been out and replaced locks and further secured Council sites where we can in the area. We are also looking at other actions to help secure our sites from unlawful encampments in the future."
Prior to being camped off Altrincham Road this group of Travellers spent two weeks on fields adjacent to the A34 bypass where they left mounds of rubble and rubbish - and the High School facing a £10,000 bill to clean up after them.
Burning rubbish near B3349 roundabout at Heckfield prompts police action - Hampshire
From This Is Hampshire
POLICE have moved on a group of Travellers who set up camp at Heckfield.
Officers from Hart and Rushmoor used powers under Section 61 of the Criminal Justice and Public Order Act 1994, allowing them to act against significant nuisance or criminal behaviour, unacceptable levels of damage or to prevent danger to Travellers from environmental factors.
The group arrived on Wednesday, June 26 near to the Heckfield roundabout on the B3349.
The operation took place yesterday morning following consultation with Hampshire County Council’s Highways team due to damage being caused at the site from littering and the burning of rubbish.
Chief Inspector Annabel Berry authorised the notice and the group were directed to leave the site which they did by 5pm.
Ch Insp Berry said: “Using these powers, Hampshire Constabulary will always ensure that we balance the needs and rights of all our communities with actions that are proportionate, lawful and necessary.
“I hope this swift action to move the Travellers on from locations that were unsuitable will convey to all sections of the community that a robust approach will be taken against encampments, within legal parameters.
“We will continue to work closely with partner agencies and private landowners to manage unauthorised encampments and identify repeat locations where there has been criminality or disorder in order to target-harden these sites.”
POLICE have moved on a group of Travellers who set up camp at Heckfield.
Officers from Hart and Rushmoor used powers under Section 61 of the Criminal Justice and Public Order Act 1994, allowing them to act against significant nuisance or criminal behaviour, unacceptable levels of damage or to prevent danger to Travellers from environmental factors.
The group arrived on Wednesday, June 26 near to the Heckfield roundabout on the B3349.
The operation took place yesterday morning following consultation with Hampshire County Council’s Highways team due to damage being caused at the site from littering and the burning of rubbish.
Chief Inspector Annabel Berry authorised the notice and the group were directed to leave the site which they did by 5pm.
Ch Insp Berry said: “Using these powers, Hampshire Constabulary will always ensure that we balance the needs and rights of all our communities with actions that are proportionate, lawful and necessary.
“I hope this swift action to move the Travellers on from locations that were unsuitable will convey to all sections of the community that a robust approach will be taken against encampments, within legal parameters.
“We will continue to work closely with partner agencies and private landowners to manage unauthorised encampments and identify repeat locations where there has been criminality or disorder in order to target-harden these sites.”
Nowhere to call home
From Inside Housing
Scrapping planning rules gives councils carte blanche to evict Gypsies and Travellers, says Marc Willers, barrister at Garden Court Chambers
Romany Gypsies and Irish Travellers have lived in the UK in their caravans in accordance with their traditional way of life for centuries. However, their ability to do so in the last 50 years has been curtailed by legislative measures and a failure on the part of both central and local government to ensure that sufficient caravan sites are constructed to meet their needs.
Unauthorised developments
In 2005, the government strengthened the planning enforcement powers which could be used to tackle unauthorised developments. Local authorities were given the power to issue temporary stop notices which could be used to prohibit unauthorised development with immediate effect. However, at that time the government recognised that TSNs could have a disproportionate impact on Gypsies and Travellers if they were used while there was a significant lack of sufficient sites to meet their accommodation needs.
As a result, the government issued regulations which prohibited the use of TSNs where a caravan was a main residence, unless there was a risk of harm to a compelling public interest that was so serious as to outweigh any benefit to the occupier of the caravan.
Successful legislation
The regulations were sensible, perfectly balanced and clearly designed to ensure that TSNs were used lawfully and not in circumstances where to do so would violate the human rights of a Gypsy or Traveller. The regulations served their purpose: more than 2,000 TSNs have been issued since 2005 by local authorities to stop a wide variety of unauthorised development, including Gypsy and Traveller sites, without legal challenge.
But on 4 May 2013, the government revoked the regulations. Why now? The revocation might be understood if sufficient caravan sites had been constructed, but there has been little improvement in site provision since 2005. Indeed, the slow progress which had been made came to a shuddering halt in 2012, when the government replaced its predecessor’s positive planning policy with its own ‘light-touch guidance’ requiring every local authority to identify a five-year supply of deliverable caravan sites to meet the needs of Gypsies and Travellers in their area by March 2013. However, not a single council has yet complied with the guidance and there seems little likelihood progress will be made until local authorities are required by law to make adequate provision.
‘Light-touch guidance’
The government argues local authorities should be permitted to determine for themselves whether the use of a TSN is a proportionate and necessary response, as part of its localism agenda. Even so, the coalition intends to issue yet more ‘light-touch guidance’ to assist councils.
Whatever the real motive for the revocation, without regulatory safeguards in place, there is a real risk that the power to issue TSNs will be misused. Whatever form the ‘light-touch guidance’ takes, it will be no more than guidance and TSNs risk being used in circumstances where the unauthorised development causes little harm and/or where the personal circumstances of families clearly outweigh any harm to the environment or other matters of planning importance.
The use of TSNs in such circumstances has a high human cost. Forcing a Gypsy or Traveller family back onto the roadside will cause them to suffer considerable hardship. They will have to live without proper sanitation, access to schooling or appropriate healthcare provision and under the constant threat of eviction wherever they stop.
Left defenceless
In theory, a decision to issue a TSN can be challenged by judicial review. However, in practice, a Gypsy or Traveller wishing to challenge a TSN which requires their family to vacate a site immediately is likely to find it difficult to instruct solicitors with the appropriate expertise to judicially review a council that has misused its powers (especially if the government’s proposed cuts to legal aid in judicial review cases are implemented). Unfortunately, the absence of an effective means of challenging unlawful decisions may encourage some local authorities to use TSNs in situations where they are not warranted, safe in the knowledge that their decisions are unlikely to be scrutinised by the courts.
All-in-all, it seems that the government’s decision to revoke the regulations was ill-advised - unless of course its real motive for doing so was to give local authorities carte blanche to evict Gypsies and Travellers whatever the circumstances. Rather than tinker with well-balanced and proportionate planning enforcement powers, the government would be better advised to address the accommodation needs of Gypsies and Travellers.
With sufficient sites in place the cost of planning enforcement will be minimised and Gypsies and Travellers and their children will be able to achieve their true potential and make an effective contribution to our society; without them, many Gypsies and Travellers will be condemned to continue living on the road to nowhere.
Scrapping planning rules gives councils carte blanche to evict Gypsies and Travellers, says Marc Willers, barrister at Garden Court Chambers
Romany Gypsies and Irish Travellers have lived in the UK in their caravans in accordance with their traditional way of life for centuries. However, their ability to do so in the last 50 years has been curtailed by legislative measures and a failure on the part of both central and local government to ensure that sufficient caravan sites are constructed to meet their needs.
Unauthorised developments
In 2005, the government strengthened the planning enforcement powers which could be used to tackle unauthorised developments. Local authorities were given the power to issue temporary stop notices which could be used to prohibit unauthorised development with immediate effect. However, at that time the government recognised that TSNs could have a disproportionate impact on Gypsies and Travellers if they were used while there was a significant lack of sufficient sites to meet their accommodation needs.
As a result, the government issued regulations which prohibited the use of TSNs where a caravan was a main residence, unless there was a risk of harm to a compelling public interest that was so serious as to outweigh any benefit to the occupier of the caravan.
Successful legislation
The regulations were sensible, perfectly balanced and clearly designed to ensure that TSNs were used lawfully and not in circumstances where to do so would violate the human rights of a Gypsy or Traveller. The regulations served their purpose: more than 2,000 TSNs have been issued since 2005 by local authorities to stop a wide variety of unauthorised development, including Gypsy and Traveller sites, without legal challenge.
But on 4 May 2013, the government revoked the regulations. Why now? The revocation might be understood if sufficient caravan sites had been constructed, but there has been little improvement in site provision since 2005. Indeed, the slow progress which had been made came to a shuddering halt in 2012, when the government replaced its predecessor’s positive planning policy with its own ‘light-touch guidance’ requiring every local authority to identify a five-year supply of deliverable caravan sites to meet the needs of Gypsies and Travellers in their area by March 2013. However, not a single council has yet complied with the guidance and there seems little likelihood progress will be made until local authorities are required by law to make adequate provision.
‘Light-touch guidance’
The government argues local authorities should be permitted to determine for themselves whether the use of a TSN is a proportionate and necessary response, as part of its localism agenda. Even so, the coalition intends to issue yet more ‘light-touch guidance’ to assist councils.
Whatever the real motive for the revocation, without regulatory safeguards in place, there is a real risk that the power to issue TSNs will be misused. Whatever form the ‘light-touch guidance’ takes, it will be no more than guidance and TSNs risk being used in circumstances where the unauthorised development causes little harm and/or where the personal circumstances of families clearly outweigh any harm to the environment or other matters of planning importance.
The use of TSNs in such circumstances has a high human cost. Forcing a Gypsy or Traveller family back onto the roadside will cause them to suffer considerable hardship. They will have to live without proper sanitation, access to schooling or appropriate healthcare provision and under the constant threat of eviction wherever they stop.
Left defenceless
In theory, a decision to issue a TSN can be challenged by judicial review. However, in practice, a Gypsy or Traveller wishing to challenge a TSN which requires their family to vacate a site immediately is likely to find it difficult to instruct solicitors with the appropriate expertise to judicially review a council that has misused its powers (especially if the government’s proposed cuts to legal aid in judicial review cases are implemented). Unfortunately, the absence of an effective means of challenging unlawful decisions may encourage some local authorities to use TSNs in situations where they are not warranted, safe in the knowledge that their decisions are unlikely to be scrutinised by the courts.
All-in-all, it seems that the government’s decision to revoke the regulations was ill-advised - unless of course its real motive for doing so was to give local authorities carte blanche to evict Gypsies and Travellers whatever the circumstances. Rather than tinker with well-balanced and proportionate planning enforcement powers, the government would be better advised to address the accommodation needs of Gypsies and Travellers.
With sufficient sites in place the cost of planning enforcement will be minimised and Gypsies and Travellers and their children will be able to achieve their true potential and make an effective contribution to our society; without them, many Gypsies and Travellers will be condemned to continue living on the road to nowhere.
Gypsies turn up on Popes Meadow and Stockwood Park - Bedfordshire
From Luton Today
Gypsies and Travellers have moved into Popes Meadow and Stockwood Park, and nearby residents are not happy about it.
A number of caravans appeared in Popes Meadow on Wednesday (July 10), and in Stockwood Park on Thursday night (July 11).
Resident Robin Sedley said: “It’s not the first time this has happened.
“The council are falling behind in their responsibilities.”
Luton Borough Council confirmed they are aware of both sites and eviction processes are underway.
Gypsies and Travellers have moved into Popes Meadow and Stockwood Park, and nearby residents are not happy about it.
A number of caravans appeared in Popes Meadow on Wednesday (July 10), and in Stockwood Park on Thursday night (July 11).
Resident Robin Sedley said: “It’s not the first time this has happened.
“The council are falling behind in their responsibilities.”
Luton Borough Council confirmed they are aware of both sites and eviction processes are underway.
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