Questions from residents and April 2025 update
Following the last update (06.03.2025) enforcement have attended the site and witnessed additional hardcore being laid within the site and the location of a static towards the rear of the site.
A number of the pitches have been levelled and some have had additional hardcore placed within the pitch. The period of time for compliance with the committal letter was 26th March to cease residential occupation and 2nd April to remove structures from the site. This has not been complied with and therefore the Council will be progressing with the application to the Court.
The Council is currently concluding the witness statement as we had to await the closure of the above period to confirm the ‘live’ situation on site and following the recent visits the Council has all the contact details of the relevant individuals that are on or are in the process of preparing for occupation in the coming days. These individuals need to be added to the case.
Given there have been visits over the last two weeks there has been some initial conversations regarding the progress of this case but the main route for update, questions and responses will be maintained through the Parish Council.
I would like to thank the public for trying to reduce incoming e mails direct to the team and am happy to respond to questions through the Parish as part of the monthly updates whilst the team are focusing resources on the next steps.
Questions raised through the Parish
Number in brackets indicates how many people asked that question or similar.
- In light of previous updates indicating progress, but with no tangible evidence to residents of enforcement action to date, can Somerset Council provide a high-level timeline outlining key milestones for the enforcement of the injunction and related matters on the site adjacent to 6 Oxen Lane, to ensure transparency and public reassurance? (1) Committal letters have been served on all occupiers of the site as set out in the most recent update which has given them 3 weeks to vacate and an addition week to remove the structures and works undertaken. Once the compliance period is complete, assuming they have not complied the Council will need to submit their Witness Statement to the Courts for a hearing date. We will provide an update to confirm when the information has been provided but the Court dates fall outside of the Councils control.
- Who within Somerset Council holds ultimate accountability for overseeing and addressing the unlawful occupation of the site adjacent to 6 Oxen Lane? (1) Dawn de Vries as Service Manager for Development Management and Enforcement is taking the lead for the site and is answerable to Alison Blom-Cooper (Chief Planning Officer) and Chris Hall (Strategic Director).
- When does Somerset Council anticipate the completion, finalisation, and publication of the overdue Traveller Caravan Count, and what steps are being taken to ensure compliance with statutory obligations in future? (1) Various different teams in the former District Councils undertook the Bi-annual Caravan Counts. The Enforcement Teams within Somerset are now taking this on to enable a consistent approach across the new Local Planning Authority area and co-ordinated recording of the numbers. The Bi-annual Caravan Count is a statutory return to Government twice a year recording numbers of caravans and dayrooms on known sites (authorised and unauthorised) compiled from a site visit. This is different from the GTAA which is a checking of current provision and setting out the current and future accommodation needs and policy requirements in terms of pitches or plots.
- Will Somerset Council, as part of any court application, seek the transfer of legal title of the land to the Council in lieu of damages, should the required reinstatement not be completed within the prescribed timescale? If not, can the Council provide justification for this decision, particularly in relation to the public interest, considering that Council ownership would enable enhanced boundary protection against future encroachment and generate potential revenue? (3) The Council will be looking for the site owners to comply with the injunction at their own cost. It will be for the Court to determine the outcome and implications on the site owners/occupiers.
- This would be of public benefit because SC would have a greater chance of securing the land against further occupation if owned. This land could either then be sold or SC could benefit from other financial gain via BNG or carbon credits. (1) The Council is not currently looking for sites for purchase.
- If the occupiers fail to vacate the site by 26th March 2025 or do not clear the land within the additional week, what specific activities can residents expect to see being undertaken by Somerset Council? (1) The Council will submit the Witness Statement and seek a court date. The Council will not be taking any action in the interim period as the Court will need to decide the appropriate outcomes for this site.
- What is the expected timeframe for Somerset Council to commence court proceedings in the event of non-compliance with the terms set out in the Committal Letter, and are there any foreseeable legal or procedural delays? (3) The Council will submit to the Court once the compliance period is concluded and then we await confirmation from the Court.
- Does Somerset Council require any further evidential material before submitting an application to the court? If so, what specific evidence is deemed necessary, and how, if at all, can the community contribute to the evidentiary process? (2) Evidential material has been and is being gathered through the Enforcement team. No further evidence is required from the public.
- Have you already finalised the witness statement that you need for the Court? Presumably your own professional staff have witnessed this illegal occupation and activities since October 2024? (1) The Witness Statement is currently being drafted. The intention is to complete the draft shortly after the expiry of the compliance period to ensure the position is up to date.
- How does Somerset Council define Intentional Unauthorised Development (IUD)?
With regards to Intentional unauthorised development the Government introduced a policy in 2015 to make intentional unauthorised development a material consideration in the determination of planning applications and appeals and strengthen the protection of Green Belt. This would be considered alongside all other considerations in determining an outcome for a site or proportionality of action.
Somerset has adopted an Enforcement Policy that sets out its priorities and consideration process. - What policies does Somerset Council have in relation to Intentional Unauthorised Development (IUD)?
The Government recognises the need for transit sites to be available in order for the powers of local authorities and the police to be fully utilised in responding to unauthorised encampments. As part of the Local Plan process the Authority is collating information on need and provision and would be using this to inform our policies and allocations for the new local plan. In terms of enforcing on sites currently in breach the Council follows the adopted Enforcement Policy and takes into account the ‘Planning policy for traveller sites’ updated December 2024 which sets out the Governments intention in terms of policy and decision making. Planning policy for traveller sites – GOV.UK - Has Somerset Council identified any instances of Intentional Unauthorised Development (IUD) within its jurisdiction?
Within Somerset Council there are a number of live enforcement cases but these are not defined by this description so we would not be able to confirm the number of sites currently under investigation. - Does Somerset Council consider the developments on Oxen Lane, which are in breach of an injunction and in direct conflict with the council’s instructions, to be Intentional Unauthorised Development (IUD)?
The occupiers of the site were made aware on the day they moved onto site of the injunction and not withstanding this work has continued on site. Whilst the site is not located on the green belt it is clear that the works on site are unauthorised and those present on site have been continuing work at their own risk. This would be a material consideration to balance on this site along with all other considerations as set out in Policy. - What actions does Somerset Council plan to take when Intentional Unauthorised Development (IUD) is identified?
Each site is assessed on its own merits and the degree of harm to confirm proportionate action. In this case there is an injunction and the Council is pursuing action in connection with the breach. - What are Somerset Council’s statutory obligations in relation to Intentional Unauthorised Development (IUD)?
We will take it into consideration in the determination of any case.
Previous Updates
March update from Dawn DeVries at SC on the situation at Oxen Lane.
Following the last Parish Council meeting, enforcement have attended the site and witnessed additional hardcore being laid in terms of the access route and tarmac being placed on one of the pitches as previously raised by adjoining residents. All Occupiers on site have now been served committal letters advising that the Council will be looking to enforce the injunction and they have until 26th March to vacate the site and an additional week to clear the land.
Contact details of those on site have been shared with the Council’s Housing team to allow joint working in trying to proactively manage the current housing need and review alternative options.
If they do not comply with the time frames set out in the committal letters, the Council will need to provide a witness statement covering the events to date and the interventions that have been considered and then apply for a Court date for consideration of the case. Work on this is currently in progress.
Direct action on site cannot be undertaken until the completion of this whole process and whilst we appreciate it will be frustrating to see development continuing on site the Council is taking the required steps at this time.
I would like to thank the public for trying to reduce incoming e mails direct to the team and am happy to respond to questions through the Parish as part of the monthly updates whilst the team are focusing resources on the next steps.