Residents advised to seek legal help when faced with unwelcome travellers? site

Faced with a travellers site on their doorstep most people would be inclined to let the local council and other authorities take charge of the situation, hoping eventually for a planning enforcement notice to be issued.

But according to Hewitsons' planning solicitor Mike Kelly, residents can play a crucial role in the process themselves with the correct legal advice.

Indeed, in a recent case involving Hewitsons it was left to residents to flag-up a dangerous entrance from a travellers' site leading straight out onto a main road as the local highways authority had not raised it as an issue.

Mike commented: "What can often be frustrating for local residents is that, due to local knowledge and experience, they may be more aware of a site's particular problems, than the council or other authorities.

"In this particular case the dangers involved in using a re-opened field to directly access a main road were not supported by council officers, leaving local residents to shoulder the burden of presenting that particular ground of objection. The Planning Inspector eventually recognised the access as being deficient in his decision.

"This is just one example of where residents are left having to engage their own professional advisors to not only oppose the development but also contradict the view of council officers or other officials who may deem the proposals acceptable."

In many such cases the land has been acquired for the travellers on the basis of its agricultural value and had a formal planning application for residential development been submitted, it would almost certainly have been refused on the basis of the area's planning policy and Local Development Framework (LDF).

All councils are required to allocate a set number of sites for traveller use within the LDF, which will in time help to ease the pressure and reduce the number of unauthorised sites.

Mike added: "In the meantime, residents need to remain vigilant, enlist the support of the local planning authorities and, when appropriate, be prepared to take a leading role themselves through the planning system."

For more information please contact Mike Kelly on 01223 461155 or click here to email him.