Newark and Sherwood District Council serves 40 separate enforcement notices at unauthorised Traveller site in Weston, but an appeal has been submitted to the Secretary of State
An appeal against an enforcement notice on an unauthorised Traveller site has been lodged to the Secretary of State, as a council has promised residents that it will do all it can to resolve the situation.
Last week, it was reported by the Advertiser that 40-pitch caravan site had sprung up over the Easter bank holiday weekend — complete with tarmacadam roads and fences — without planning permission.
An injunction order was secured by Newark and Sherwood District Council to prevent further building works or additional caravans or mobile homes being brought onto the site.
The district council has served 40 separate enforcement notices on the occupants of the land, which requires removal of every caravan/ mobile home and restoration of the site back to its previous condition.
A spokesman for the council has said that immediately after the enforcement notice was served, an appeal was submitted to the Secretary of State, which the council will oppose.
Until then, the enforcement notice has been paused pending the outcome of the appeal, which will be determined by an Inspector appointed by national Government.
The spokesman said: “The district council will do all it can to hurry the appeal along, but the timescale is not within our gift to determine.
“The fact that an unauthorised development can take place without planning permission and any subsequent enforcement action paused pending the outcome of an appeal is a further frustration and irritation.”
In addition to serving enforcement notices, the district council also went to court to secure injunctions against any further activity on the site, and is due to attend court on Wednesday (May 5).
In the meantime, the council is now preparing a defence to the appeal against the enforcement notice and has engaged a barrister to present its case for the injunction.
The council is continuing to monitor the site and is aware of concerns about further unauthorised developments, and a small team will be on standby to liaise with the police should there be any alleged breach of the injunction and further developments on the site.
Assurance has also been given to the public that any further unauthorised activity beyond the site which is subject to the current injunction, including elsewhere within the district, will be investigated and appropriate enforcement and injunction action will be enforced.
The penalty for a breach of an injunction is considered contempt of court, which could result in imprisonment.
“The district council is very much alive to the possibility of the injunction being breached and local residents can be assured that activity on the site is being monitored,” the spokesman added, “This is an incredibly challenging situation and it is completely understandable that local residents are frustrated and concerned.
“Could we have done more in the early stages of the work taking place is a reasonable question to ask.
“The reality is that even if the courts had been open (which they weren’t), it is highly unlikely that an injunction would have been granted to cease the works rather than dealing with the unauthorised development through the planning enforcement and appeal process.
“The other possibility would have been to issue something called a Temporary Stop Notice which is rarely used and only in situations where there is a serious breach of control that could lead to serious harm. ‘Harm’ is defined in planning terms, for example damage to heritage buildings, trees and serious highways concerns.
“Without in any way lessening the impact of what has happened, the unauthorised development did not meet the test of ‘serious harm’ in planning terms.”
Residents can raise concerns to planningenforcement@newark-sherwooddc.gov.uk
Any alleged breach of the injunction at the site in Weston can also be reported to the police.