| Strategic approach to Travellers sites recommended |
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Landowners, farmers and householders are being urged to adopt a more strategic approach when faced with the prospect of a local authority traveller site or an unlawfully developed traveller site in their neighbourhood. Matthew Knight, Senior Partner with leading law firm Knights, and a specialist in planning and agricultural law, has comprehensively reviewed the options available in an article ‘Planning Policy and Travellers’, published recently in Farm Law. ”Traveller sites are a contentious issue for any community, particularly sites that are unlawfully developed,” said Mr Knight. ”Successful opposition to proposed sites or halting the development of an unlawful site is achievable but affected residents need to think strategically to influence the local planning authority. It is vital to fully understand the planning process, work closely with the planning authority and to campaign effectively and persuasively.” There are key stages in the planning authority’s consultation process for proposed traveller sites when a farmer, landowner or householder can become involved and influence the authority’s decision. Objections given the most serious consideration are those that relate specifically to the site selection criteria and that clearly demonstrate why a particular site is not suitable. Important concerns are likely to be access, traffic flow and road safety, conservation or environmental issues and issues relating to the demands placed on local infrastructure. ”It is crucial to strike a balanced and impartial tone as objections that appear to be motivated by prejudice or are based on false assumptions will be swiftly dismissed,” observed Mr Knight. ”There will usually be a shortlist of proposed locations and it is always sensible to express support for one of the sites as the local authority is under an obligation to provide housing for gypsies and travellers as part of its housing strategy.” Unlawfully developed sites, where the gypsies or travellers are legal owners of the land, pose a more complex and frustrating problem. Affected residents are usually reliant on the local planning authority to prevent the development proceeding further and to remove any development in breach of planning control. ”The key here is immediate action. Local planning authorities have a range of enforcement and other powers available to them. Affected residents can assist by making the authority aware of possible developments and by persuading them to make the most appropriate use of their enforcement powers.” If a local planning authority is aware of a possible development it can withdraw permitted development rights on the land under an Article 4 Direction, requiring full planning permission for any works done to the land, including pegging out of pitches and laying hardcore on tracks. This will then allow residents to formally object to the application during the consultation period. If an unlawful development has already started, the authority can issue a temporary stop notice, effectively bringing any work to a halt or an offence is committed. This should be served at the same time as an enforcement notice, requiring the travellers to remedy the work done and return the site to its original condition. Serving both notices at the same time is important as enforcement notices take 28 days to come into effect. Although enforcement notices carry a right of appeal (which suspend the enforcement notice until the appeal process is concluded) the stop notice still remains in force. Other options open to the local planning authority include obtaining a planning injunction through the High Court (or relevant County Court) preventing caravans, vehicles or materials being moved on site, or taking default action against travellers who do not comply with an enforcement notice. Affected residents need to be aware that planning authorities are often reluctant to take default action for fear of judicial review challenges being made upon human rights or other grounds. It is also common for travellers to seek retrospective planning permission for unlawful developments in an attempt to legitimise a site. In one sense this should be welcomed as it gives a community the opportunity to formally object to the development. The same strategy used to oppose proposed local authority traveller sites should be adopted. ”Opposing proposed local authority traveller sites or halting unlawfully developed traveller sites is never straightforward,” concludes Mr Knight. ”However, landowners, farmers and householders can avoid lengthy disputes by noticing and reporting warning signs. Local rumours or deliveries of building supplies to previously undeveloped land should never be ignored but reported to the planning authority at the earliest stage.” Media enquiries should be directed to: |