No decision on enforcement action over unauthorised traveller site
Elgan Hearn, local democracy reporter
No decisions have been made yet on whether or not to take enforcement action against an unauthorised extension to a traveller site.
At a meeting of Blaenau Gwent County Borough Council’s Planning committee on July 10, councillors were given an update on the situation at Glyn Milwr, Stones Houses in Blaina.
In April, Welsh Government planning inspectors had rejected an appeal against a decision by the council to take enforcement action that would evict a number of families from an unauthorised extension to the traveller’s site.
As a result of the appeal being dismissed, the clock had started ticking on the 28 day enforcement action compliance period.
As the travellers had not vacated the site during that time they are now “in breach” of that notice
Development and estates manager Steve Smith had told councillors that planning officers were meeting that week with barristers for expert legal advice on what to do next on “achieving compliance” with the notice.
The Local Democracy Reporting Service asked for an update on the situation following this meeting for legal advice.
Options
A spokeswoman for Blaenau Gwent council said: “The council is still considering the options available, and no decision has been made at this time.”
The issues at Glyn Milwr have been going on since September 2020 when the council received complaints that several caravans were occupying land to the north beyond the already approved traveller site there.
The complaints were investigated, and it was found that and unauthorised change of use of and occupation of land as a traveller site had occurred.
In April 2022, a retrospective planning application was submitted to extend the existing traveller site to accommodate an additional five pitches.
This also included hardstanding, parking, toilet, fencing and extension to the access drive.
This retrospective application was refused by councillors on Blaenau Gwent’s Planning committee at a meeting in October 2022.
This is because of highway safety reasons and that the proposal was considered to be “cramped” for the five families that live there.
Enforcement notice
After this application was refused the landowners were told by the council that unauthorised use of the site would need to stop, and all associated caravans and vehicles leave the site within 28 days.
But this did not happen and in December 2022 an enforcement notice was served on them.
In January 2023, Robert Smith lodged an appeal with PEDW (Planning and Environment Decision Wales) against the enforcement notice on the grounds that it “exceeded” the action necessary to remedy the breach of planning control.
They argued that the families living there have nowhere to go to, and that living at the site they are safe, and the children can go to school.
The appeal was refused as the appellants had not provided a “case” for a “lesser step” to achieve the purpose of the enforcement notice.
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