Council Blames High Court for Traveller Eviction Delay

Uttlesford District Council is facing criticism for its delay in enforcing a High Court injunction to evict travellers who occupied a field and began developing it without planning permission. The situation in Willows Green, Essex, has led to villagers expressing frustration over alleged inaction by councillors regarding persistent breaches of planning laws at the controversial 12-pitch development.

Travellers and approximately 30 vehicles arrived at the site shortly before the May Bank Holiday, covering the field with hardcore and setting up caravans. The council did not issue a temporary stop notice until four days later. By May 7, an interim High Court injunction was obtained, which was later made permanent by Mr. Justice Sweeting on June 18.

During an emergency council meeting accompanied by protests, it was claimed that the judge had inquired if the council wished to pursue enforcement proceedings, a step they reportedly declined. However, John Evans, Cabinet Member for Planning, attributed the council's inaction to the High Court, stating that the authority has not yet received the sealed order, the written judgment, or an approved transcript from the June 18 hearing, three months after the injunction was made permanent.

"The council has still not yet received from the court the sealed order arising from the June 18 hearing, the written judgment setting out the court's reasons, or an approved transcript of any oral judgment delivered at the hearing," Evans explained. He added that officers have repeatedly contacted the court for these documents, limiting the council's understanding of the court's decision to what was confirmed orally. The formal court documents are deemed essential for determining the precise terms of the decision and assessing further enforcement actions, including potential contempt of court proceedings.

The meeting on September 3 was convened in response to a protest outside the council's offices. This followed an incident over the August Bank Holiday weekend in Sawbridgeworth, Hertfordshire, where East Herts Council acted swiftly to halt a similar unauthorized traveller site development. After hardcore was deposited onto wetland and pitches were set up, authorities in Sawbridgeworth initiated court and police action, resulting in the site remaining unoccupied.

Some councillors were absent from the emergency meeting. Residents at the Willows Green site reported experiencing alleged threats and intimidation from travellers, including vehicles being driven towards them. It was also claimed that council planning officers felt intimidated by travellers who visited the council offices.

The council had received warnings about potential development on the land as early as April 15, with a further email warning on April 30. A Land Registry search indicated the land was owned by a property company that had purchased it for £125,000 a year prior. Despite the company's links to other unauthorized traveller site developments, Evans stated there was insufficient evidence at the time to seek an injunction before development began. The council also admitted to having no out-of-hours emergency cover for planning enforcement matters.

Furthermore, it was revealed that the council's planning enforcement policy had been updated weeks before the unauthorized development, but it did not include provisions for dealing with illegal traveller sites. In response to the events at Willows Green, the council has commissioned a review of its planning enforcement processes.

A statement issued on behalf of residents of the traveller site indicated that a valid planning application is under review and that the proper planning process should be allowed to proceed. The statement emphasized that while the main road is public, the area within the gates of their homes is private, where families and children should feel safe and have privacy. It asserted that the focus is on protecting the privacy, safety, and well-being of families and children while a legitimate planning application is being considered.