Travellers ordered to leave site after court rules against them

Selby Council went to law to remove an unauthorised gypsy site at Brotherton, and has now obtained a ruling at York Crown Court.

Under the judgment, eight caravans must be removed from the site at York Road within 28 days of the judgment, in which the council was also awarded 2,000 towards court costs.

The case follows several months of action taken by the authority to preserve the green belt in that area, including an injunction against bringing caravans onto the site, despite numerous changes of land ownership over recent months.

As this action was ignored, the council escalated the case to the courts.

Planning chairman John Mackman said yesterday: "The success of this case is testament to the hard work of our planning enforcement and legal teams.

"This was unauthorised development in the green belt and, as such, we have a duty to protect the area from unwarranted and illegal use.

"Despite our initial injunction the development stayed in place and, indeed, was extended with new hardcore and utilities, so we had no choice but to take this matter to court."

Failure to remove the caravans would leave the families in contempt of court. Coun Mackman added: "We will continue to vigorously protect the green belt and take whatever action is necessary.

"We currently deal with over 300 enforcement cases each year. These are instances when people flout planning regulations. Each case has then to be investigated at considerable cost to the local tax payer.

"Planning rules are there to ensure that development happens only when and where it is suitable to do so. Indeed, our long-term strategies set out areas for development where there's the right infrastructure in place.

"But we think it's equally important to protect against illegal development where this has a detrimental impact on the local environment or local communities."

The difficulties of breaking up illegal traveller camps using the courts was underlined by a failed bid by Scarborough Council in July 2009.

Residents of Crossgates, near Seamer, complained they had been made prisoners in their own homes by the travellers but a court room battle to force the caravans off the public open space by Centurion Way ended in a hollow victory.

One application about travellers present in the camp on a certain date was granted by Scarborough magistrates but the other, covering further travellers who arrived over subsequent days, was not because formalities had not been completed.

This prevented the council enforcing the notice using powers available under the 1994 Criminal Justice Act because the town hall could act until it had authority to move on everyone present in the camp.

As reported by the Yorkshire Post, campaigners on traveller issues have accused politicians of failing to get to grips with the issues.

Helen Jones, of Leeds Gypsy and Traveller Exchange, said it was clear that official sites needed finding but councillors were too scared of losing their seats to say this and to suggest locations.

However, in summing up the Selby case, Judge Robert Bartfield underlined there was alternative provision available for the families involved and that they should not have used this site without regard for the affect on the environment.

In granting the order to remove the caravans within 28 days, he also ordered a contribution of 2,000 towards the council's costs, payable within 14 days.