The District Council released the following press release yesterday:
Prevention of Travellers’ site on Greenbelt
Rochford District Council has successfully negotiated a solution to block travellers moving onto a greenbelt site in Rawreth.
This comes after the authority?s Legal and Planning Officers attended the High Court on Friday, October 17, in relation to the site off Cheshunt Drive, Rayleigh.
The council had previously obtained an interim injunction to prevent a residential occupation of the site ahead of the August bank Holiday weekend.
It was deemed prudent to take this action rather than deal with the aftermath of any Travellers? site being established, potentially saving the Council hundreds of thousands of pounds.
A further hearing was not due to be held on October 30, but the parties were able to negotiate an agreeable solution without the need for a full hearing, saving considerable time and money.
It was agreed that the defendant give a legal undertaking (a consensual promise) to the Court, instead of an injunction, not to:
1. use the site as gypsy or traveller pitch
2. erect, build or allow caravans, mobile homes, sheds, structures or storage facilities
3. introduce hardstanding onto the site
4. install or connect services to the site
The Court accepted this undertaking and it is now legally binding.
The legal effect of the undertaking is the same as an injunction. If the defendant were to breach this undertaking they could be held in Contempt of Court, which is punishable ultimately by imprisonment.
Rochford District Council?s Portfolio holder for Planning, Councillor Ian Ward, said: ?I am delighted that we have negotiated with the landowner to prevent a Traveller?s site from becoming established in this greenbelt location. This agreement is legally binding and is the best possible outcome for this site.
?Rochford District Council decided to take pre-emptive action in this case, rather than risk a situation where we could have to shell out hundreds of thousands of pounds on an eviction.
?However, I would also emphasise that the Council is taking steps to provide suitable space for Gypsies and Travellers through our Allocations Plan, which has provision for a lawful site at Michelins Farm which should reduce the potential for illegal encampments elsewhere.?
Shame RDC did not take action all those years ago with the Bedloes site when warned by the parish council when purchased .Now can sit back and use Michelins Farm as an excuse not to enforce High Court orders ,meanwhile more residences appear on site .Please do not say they have been no trouble as many can say otherwise .Who is going to tell them to move when the official site opens.It is going to cost more in legal fees each year as it goes on .
Good outcome for the residents of our area. Hope all of us are vigilant in preventing a Dale Farm type incident occurring
. The site on A 1245 shows how vital it is to stop things very promptly.