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Shurlock Road – Unauthorised Development by Travellers/Gypsies
This document outlines past events, what the situation is now, and the likely next steps.
The Site
The site is some 2 hectares in extent and was formerly an open field used for the grazing of horses, with access off Shurlock Road. The land is wholly within the Green Belt and within an area liable to flood (Flood Zone 3); the most vulnerable area to flooding.
Warning Signs
In September it became known that the land had been sold to a travelling family who were resident in Brentwood, Essex. This naturally raised concerns from residents and these were voiced at the Parish Council meeting at which Local Ward Councillors Maureen Hunt and Paul Etherington were present. The advice from the Councillors at the time was that no action could be taken until someone had done something illegal.
Events to Date
1. On the week end of 19th & 20th December 2009 work commenced to import a large amount of brick and concrete rubble on to the land to form access roads and hard standing, with it appeared the aim of establishing a travellers/gypsy site.
2. By Monday 21st December, when officers of the Council visited the site, a large amount of work had been done to form an access road into the site, a septic tank had been installed, utilities connected, lorries were bringing tarmac scalpings onto site which were being moved around by a large digger to create a hard standing for the caravans, and post and rail fencing had been erected to sub divide the land into 12 or so plots. A number of lorries, vans and private cars were on the land as well as 10 caravans.
3. Wishing to stop this action the Council gained an injunction from the High Court for under S. 187B of the Act. This was issued on 23rd December and prohibits any further:
· formation of hard standings, the movement of soil, creation of bunds, the erection of fences, the construction of outbuildings, laying of pipes etc.
· placement of caravans (includes mobile homes) beyond the 10 already on the land
· hard core, road scalpings or other material to be used on the land in connection with hard standing or access ways.
4. On 24th December the Council gained and issued an Enforcement Notice. This takes 28 days to come into effect. The Enforcement Notice gives the occupants two months after that date to vacate the site and remove all the imports.
5. A planning application from the occupants has been received by the Council and is going through the normal planning consultation process. Representations need to be made to the Council by 11th February 2010. The application is for a ‘Proposed Gypsy Site’. The proposal is to sub-divide the field into 10 plots, each plot accommodating a single Gypsy family occupying 2 caravans apart from 1 plot that will be occupied by 2 families each with 2 caravans. This makes a total of 22 caravans. (The application refers to 11 new residential units). In addition the proposal is for improvement to field access, construction of access road, the formation of hard standings and erection of 10 amenity buildings. Each one of these amenity buildings is 6m x4m, 2.6m high to eaves, 3.9m to ridge height and houses a bathroom and laundry / amenity area.
6. 28th January 2010 - The enforcement order is appealed.
The Road Ahead
The unauthorised development of a site, as in this case, is a planning issue under the Town and Country Planning Act. As such, there is often a protracted process of application, rejection and appeal allowing the land occupant to remain in situ. In the case of occupation by travellers/gypsies this process is further complicated by the need for Councils to make adequate provision for Gypsy sites as per the ODPM Circular 01/2006 Planning for Gypsy and Traveller Caravan Sites. As a result, there are a number of examples of cases where unauthorised development, even on green belt, has subsequently received planning permission. Furthermore, even when planning applications are unsuccessful, it can take 18 months to 2 years plus for the process to run its course and the occupants to be removed.
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