Agenda item

(Director of Planning & Economic Development) To consider the attached report.

The Principal Planning Officer presented a report regarding the unauthorised use of Birch Field in Epping Lane, Stapleford Tawney as a Travellers’ caravan site, in contravention of an existing Enforcement Notice and an existing injunction.

The Principal Planning Officer stated that the lawful use of the land was for agriculture and, prior to the carrying out of works in 2002 to facilitate its unauthorised use as a travellers’ caravan site, it was used for grazing animals. The unauthorised use of the land was intensified to eventually form 24 pitches and a bund between 2m and 3m high built on a 10m wide base adjacent to the M25 along most of its northern boundary. The history of the site was outlined, which in the first instance culminated in the Secretary of State dismissing an appeal against the refusal of planning application EPF/1313/05, on the grounds that the proposal was harmful to he Green Belt in December 2006.

The Principal Planning Officer reported that on 24 August of this year, Travellers moved back onto the site and Officers found 16 adults and 19 children occupying 10 caravans. The adults occupying the site was identified as those named in the Injunction granted in February 2006. On 5 September, the Travellers’ legal representative submitted a schedule of occupiers to the Council identifying 73 people in 12 family groups. This appeared to be more than an inspection by Enforcement Officers the previous day and appeared to be an indication of both current and anticipated occupants.

The Principal Planning Officer outlined the current Planning Policy position, and emphasised that the Council had granted permission for 47 permanent pitches between January 2008 and June 2013. Although the Planning Policy context had changed, the use of the site as a gypsy caravan site remained inappropriate development in the Green Belt. There had been no material change in the condition of the site and it had been concluded that very special circumstances to permit the present use had not been demonstrated. The occupiers had confirmed to Officers that they were aware of their breach of the Injunction, which was consider flagrant and wilful and amounted to a contempt of the High Court. Officers considered that the most effective course of action in this case would be to secure compliance with the Enforcement Notice by commencing committal proceedings in the High Court, and the Sub-Committee was requested to confirm and authorise this intended action.

The Local Ward Member for Passingford informed the Sub-Committee that local residents were disappointed legal proceedings did not begin when the site was re-occupied as the Travellers were in contempt of court, and that enforcement action should begin as soon as possible. The Principal Planning Officer responded that it was felt appropriate to submit a report to the Sub-Committee to demonstrate that all aspects of the case had been considered, especially in the light of recent changes to planning policy. If approved by the Sub-Committee, legal proceedings in respect of the site would begin as soon as was practically possible. The Sub-Committee requested that progress on the site be reported in the Council Bulletin.

Decision:

(1)        That the Director of Corporate Support Services be authorised to commence criminal and/or civil proceedings to secure compliance with the Enforcement Notice as varied by the Secretary of State in his decision letter dated 13 May 2004; and

(2)        That the Director of Corporate Support Services be authorised to commence committal proceedings in the High Court to secure compliance with the terms of an Injunction Order granted by the Court on 16 February 2006 requiring compliance with the Enforcement Notice.