Oxen Lane

Planning application 24/25/0006 has been refused. It is possible that this will be appealed.

Previous Updates

Questions from residents for July update

  1. Does Somerset Council have any power to give a cease-and-desist order until the issue is resolved? No, the Council is working and continues to work on the case through the courts. In the event that there is a breach of the interim injunction, there would be a further court process to follow.
  2. Site Monitoring and Occupancy Tracking: How frequently is the site monitored by Somerset Council officers, and by what criteria is new occupation identified and recorded? Is there a formal mechanism in place for confirming changes in occupation? There are regular visits undertaken by the Enforcement Officers and regular communication with those on site which are timed in accordance with key milestones in the legal procedures to ensure a ‘live position’ is reported or in the event of any reports regarding further occupation.
  3. Information Sharing and Safeguarding: Given the reported fluidity of pitch ownership and use, is there any process to ensure the surrounding community is kept informed — even in general terms — of occupancy changes? What safeguards are in place where the identity of occupants is unknown? Pitch occupation is set through the interim injunction and all of the occupiers at the point of agreeing the interim injunction are listed on this. In the event there are any further occupation these individuals would be in breach of the interim injunction and the Council would seek action through the Courts.
  4. Pitch Ownership and Oversight: Can Somerset Council confirm the number of individual pitch owners and outline how compliance with planning regulations is being monitored in relation to ownership changes or informal occupation? Ownership and occupation is not usually consistent in these cases. For the interim injunction known occupiers have been listed and the Council was made aware of other parties with interest in the land and they were made aware of the action the Council is taking.
  5. Community Impact Assessment: Has any consideration been given to the ongoing impact that continued, incremental unlawful occupation and site development is having on the wider community, particularly those living in close proximity to the site? If so, what actions have been taken, and how do the Community engage? The planning application is assessing the merits and of the use and scale of development and this review is ongoing. The Council is working to remedy the breach and Enforcement have been in contact with those affected and work to ensure that specific issues arising throughout this period are being minimised.
  6. Site Activity Monitoring: What types of activity on the site are currently being monitored by Somerset Council (e.g. construction, vehicle movements, generator use), and what process is in place to assess whether these activities are compliant with planning controls? If concerns have been received in respect of noise and pollution (statutory nuisance) adjoining residents can maintain a log of activity and impacts that would be reviewed by Environmental Health. The Enforcement Officers are contacted by the public on a frequent basis in respect of all of the above concerns and are keeping the site under review through this process. The interim injunction restricts further work.
  7. Council Activity and Response: Can Somerset Council outline what actions have been taken in recent months in response to the ongoing occupation and development of the Oxen Lane site? How is the situation currently being managed operationally? Continued contact through the Parish Council, Local Members and when approached by residents to outline the legal action being pursued to address the breach in planning control. This is a lengthy process and will take months to reach full resolution.
  8. Forward Plan and Next Steps: Without asking the Council to comment on any ongoing legal matters, can an indication be given of the likely next steps regarding planning enforcement or future site management, especially if the current planning application is refused? The Council will continue with the course as outlined in the most recent update. We will continue to review the site and respond to reports of additional work or occupation.
  9. Resident Reports and Complaints: When residents report activity or concerns relating to the site (e.g. unauthorised development, noise, bonfires, or potential safeguarding risks), how are those reports recorded, assessed, and followed up? Are they logged as part of formal case files? Yes. There is a live enforcement case where correspondence is saved. In terms of bonfires and noise, if this is through Environmental Health they would usually encourage completion of registers which would form part of their file.
  10. Handling of Non-Planning Public Comments: Many members of the public have submitted objections to planning application 24/25/0006 that raise issues such as antisocial behaviour, potential intimidation, or breaches of existing legal restrictions. While these may not fall under strict planning policy, how are such comments considered or addressed more broadly across the council? If they are not material planning considerations they cannot be considered in the determination of the planning application. Amenity is a material consideration and we also consider other legislative requirements including but not limited to the Human Rights Act.
  11. Formal Reporting Process: What is the correct process for members of the public to formally submit complaints or reports relating to activity at the Oxen Lane site (e.g. breaches of planning control, noise, safety concerns)? These are not intended as questions for the Parish Council update and should not be routed through that process — they concern matters requiring direct submission to Somerset Council. What or who is the specific contact point, or form that should be used to ensure such reports are logged, acknowledged, and followed up appropriately? Due to the volume of correspondence on this case it is not possible to respond directly to every interested party or issue which is why we were encouraging questions through the Parish Council to ensure all information that can be shared is shared to the wider community. If you are raising a particular concern through this route, it will be received and actioned but you may not receive a direct response.
  12. Use of Enforcement Powers and the High Court Injunction: In general terms, how would Somerset Council ordinarily respond to a significant unlawful development of this nature if there were no High Court Injunction in place? What enforcement powers would typically be used in such circumstances? Could the Council clarify whether these powers can still be used in parallel with an injunction, or if the current approach is a matter of legal constraint or discretionary policy? The high court is the way to seek conclusion on a site that cannot otherwise be resolved. Traditionally enforcement notices are served and this site already has one. Failure to comply with the notice requires remedy through the court which is the action the Council is taking.
  13. How does the Council ensure consistency in its enforcement approach when dealing with unauthorised development across Somerset? Can the Council confirm whether similar cases elsewhere — without the complexity of a High Court injunction — have resulted in quicker or more decisive enforcement action? In accordance with the Councils adopted enforcement policy we will always seek to negotiate with the person/s at breach to resolve the breach of planning control outside of the legal process. If this is well received some sites can be resolved quickly. There was communication with those on site in the early stages of this site and continued communication has resulted in the site being contained to only a handful of families.
  14. Is there any internal assessment or acknowledgement of how delays in early enforcement action at Oxen Lane may have reduced the Council’s ability to prevent further unlawful development or strengthened the case for retrospective approval? The Council has followed the Enforcement Policy on this case and has followed legal advice throughout.
  15. Has the Council carried out any internal risk or impact assessment relating to the welfare of neighbouring residents as this situation has escalated? If so, will the findings be shared, and if not, why was no such assessment deemed necessary? No stand alone risk assessment has been documented, however, our enforcement team continuously consider the impact on local residents as part of their ongoing management of the site. All enforcement investigations have inbuilt risk assessments designed for use on all fluid investigations and are documented within site visit reports where required.  Our policy and government guidance states that enforcement action should be proportionate and considering the impact of unauthorised development is crucial to this.
  16. Can the Council explain what procedures are followed during officer visits to the site, and how these are recorded and reviewed to ensure impartiality, transparency, and accountability? Site visits for Enforcement are often carried out in pairs. Photos are taken of the site at the majority of the visits and these are time and date stamped for future use. Officers ensure management is aware of visits prior to them being undertaken and feedback following the visits. Action or direction on the site is reviewed with Senior officers.
  17. How does the Council intend to ensure that the handling of this site does not set a precedent for future unlawful developments, particularly in rural or edge-of-village locations where immediate enforcement is more difficult? Each case is assessed on its own merits and the Council is actioning this site in accordance with the legal requirements.
  18. What criteria does Somerset Council use to determine whether enforcement action is considered “effective” or “proportionate” in complex cases of unauthorised development, and how are these benchmarks being applied at the Oxen Lane site? It is not possible to review the outcome of a site that is in progress. The legal remedies to cases are often long-running, which is outside of the Council’s control.
  19. When was the Council first made formally aware of occupation or development at the Oxen Lane site, and what was the initial enforcement response in terms of timescale and action taken? A call received by the Planning Manager from the Chief Executive on the Saturday 26th October 2024 of unauthorised work on site. A site visit was undertaken with the Police on the same date. Those on site were advised of the historic injunction and breach of planning control and they were advised to cease work. They proceeded to continue work at their own risk.
  20. Does the existence of a live High Court injunction place any additional responsibility on the Council to act more urgently or robustly than in a typical unauthorised development case? The Council needs to ensure it is fully considered on all action it takes. In this case there was a need to undertake a detailed review given the previous injunction was in excess of 10 years and had different material considerations.
  21. Given the prolonged unauthorised development at Oxen Lane, the presence of a High Court injunction, the significant volume of public concern, and the perception that no meaningful enforcement has occurred, can Somerset Council explain what it believes it has done — in practical terms — to maintain public confidence in the planning system, and how it measures whether that confidence still exists? The Council is pursuing legal action on this site. Legal action is never a quick outcome for a site and sufficient work is going into this process.
  22. Is there any update on legal proceedings at Oxen Lane? As per latest update.
  23. Is the Council aware of the installation of a tank and pipes in the ground on site and does this have consent? The Council is not aware of any installations below ground but we are aware of the connection to a cesspit which is above ground on pitch 10.
  24. Is the Council aware of the timber structure being built on site and can it confirm what this is for? Yes, this is a temporary outbuilding for daytime use.
  25. How does the tarmac carried out on site fit with the proposed landscaping for the planning application and the findings and recommendations of the ecology report submitted? The planning application is under separate review from Enforcement. These queries would be addressed through the application.

Oxen Lane residents’ questions

Following the granting of the interim injunction before the High Court, this matter has now been transferred by the Court of its own volition to the King’s Bench Master’s Listing department, who will oversee the preparation of the matter for final hearing. We have now been provided with a complex application to complete.   In order to make sure it meets the Court’s requirements, we have asked our Barrister to look at this and we are now in the process of lodging an application for a final hearing date to secure a permanent injunction.  

In response to the specific questions raised by the Parish Council:

  • When will the previous list of residents questions be answered? – I am reviewing these and will confirm a response by end of next week on those we can respond to (25 received).
  • When will the full injunction be applied for and why there has been a delay on this to date? Update above. The site is following the legal process but this doe involve applications to courts and there are legal delays in securing dates.
  • What is the current status of the planning application and when and how will this be determined? The application is valid and is currently being drafted for review. We would aim to conclude the application by the end of this month.

Dawn de Vries  MSc MRTPI CMgr MCMI (She/Her)
Service Manager – Development Management
Somerset Council

OXEN LANE UPDATE for 13/8/25 Parish Council Meeting

 Following the interim injunction which was granted by the High Court on Monday 21st July, Planning Enforcement officers served the papers on all named defendants within the same week and have also displayed a copy at the entrance to the site to cover “persons unknown”.

As previously reported, this interim injunction prohibits any further unlawful development on the site or any further occupation of the land for residential purposes by persons other than the named defendants pending a full hearing or further order.

Please note, there are still ongoing fencing works on pitch 8, which were agreed prior to the injunction to ensure privacy for the neighbouring site. Unfortunately, there has been an issue with the fencer doing the works, which is preventing the works from completing as expected, but it is hoped this will be resolved soon. There will also potentially be some minor works to the entrance to the site in order to shore up the banks on either side, which were agreed prior to the injunction, so if these works are witnessed, we are already aware of them and these would not be considered a breach of the injunction.

The planning application submitted is currently being assessed and will be determined as soon as possible.

Planning Enforcement Officers are continuing to monitor the site and are in regular contact with both the occupiers of the site and those neighbouring the site.

We thank you for your ongoing patience and support in this case.

Oxen Lane update following High Court Hearing 21 July 2025

Dear all,

We said we would seek an injunction in respect of Oxen Lane and on 21 July, the High Court granted an interim injunction which will be served on the defendants. The interim injunction Order prevents further occupation of the Land for residential purposes by persons other than the named defendants and further works associated with the unauthorised use. The interim Order does not however require any person to vacate the Land and seeks to preserve the current state of the Land pending trial of the Council’s claim for a permanent injunction. It is not possible at this stage to predict when that trial will take place as we cannot control how the court prioritises cases or the outcomes.

The Council, as local planning authority, will consider and determine the submitted planning application as soon as practicable and enforcement officers will continue to monitor the site. The Council is not able to comment further on the legal proceedings.

Yours Sincerely

Dawn de Vries  MSc MRTPI CMgr MCMI (She/Her)
Service Manager – Development Management
Somerset Council

Update statement on Oxen Lane

A court date for the interim injunction has now been set for 21 July, and papers have been served this week on the 19 named defendants and person unknown.  We will not know the timing of the Court hearing, judge or Court in which the matter will be heard until after 4pm on the working day before the hearing, so please don’t ask us!

The interim injunction will prohibit any further activity on the site and any further works pending a full hearing or further order.  If there are any further breaches, we will need to take the matter back to Court for committal proceedings.

Counsel has advised us that now that proceedings have been filed at court and have been served on the defendants this week, it is essential that strict confidentiality about the conduct the Council’s case is maintained.  No person connected with the Council, should comment upon the legal proceedings.  Members of staff who are privy to confidential information related to the proceedings and the conduct of the Council’s case are subject to a duty of confidentiality and bound by the relevant Codes of Conduct.   As soon as we are in a position to give further information we will do so.

Questions from residents for June update

  1. Has a court date been secured? (74)

There is no court date secured as yet.  Papers have been lodged with the High Court in London and we are awaiting further communication from them to confirm a date. 

  1. What other actions have been taken or are planned to remedy the situation as it’s clear there is further ongoing works? (1)

There are no other actions available to us in respect of the ongoing works.   There is already an extant enforcement notice and stop notice on the site.  An injunction is now the legal process in which to enforce the unlawful development and use of the land.

 

A site visit was carried out 11th June 2025 by both Enforcement Officers and site notices for the planning application were put up. These were erected at both at the site and in the surrounding area including the bus stop at the top of Oxen Lane, the village hall notice board and the village notice board in the centre of the village.

There has been no new occupation on the site since the last update and so we currently have 4 families occupying 5 pitches.  Most pitches have now been prepared and therefore new occupation could occur at any time. There were additional caravans placed on some of the vacant pitches since our last visit.  It was recently reported that new occupation had occurred on Pitch 1 but today there was no one present on this pitch and no evidence of occupation.  The caravan was empty as it has always been and there was no generator.

There have been further reports of bonfires and early deliveries of hardcore.  These reports are currently with our Environmental Protection Team.

Following local reports of a sign being erected at the entrance of the site, enforcement made contact with the occupiers and the sign was removed immediately.

Questions from residents for May update

1. Has Alison Blom-Cooper, whom the Council has confirmed is ultimately responsible for the situation at Oxen Lane, personally visited the site to witness first-hand that over 3,000 tonnes of hardcore have been laid?

The site has been and continues to be subject of regular visits from the 2 Enforcement Officers covering this area, Environmental Health and the Service Manager with the most recent visit on 30 April 2025. The Council is in liaison with other service areas within the Council to address the issues on site.  Both Alison Blom-Cooper and Chris Hall are briefed on a regular basis on the current position on site.

2. Who else, from Somerset Council, has actually visited the site to witness this first-hand?

In addition to the above, the Gypsy Liaison Officer and representatives of the Council undertaking the Gypsy and Traveller Accommodation Assessment as required to provide evidence to support the development of the local plan.

3. Is the SC aware that chippings delivered to this site have been delivered by SC own contractors?  Is this not considered complicit in this intentional unlawful development?

Yes. This was reported and actioned. The matter has been investigated and taken up with the external contractors. There have been consequences as a result and remediation is being discussed through the Highway Service. These works were not carried out with the knowledge or permission of the authority.

4. Can the Council confirm the current total number of unlawful occupants on the Oxen Lane site?

At the site visit there are currently 35 occupants on site including 16 children. All relevant parties have been served committal notices and are aware of the Council pursuing injunctive proceedings.

5. How many pitches have been developed or partially developed on the site to date?

At the site visit on 30 April 2025 there were 9 pitches set out, 5 were occupied, 4 have been cleared and 1 of the cleared pitches had a caravan on it but was not currently occupied.

6. How many occupants have been served with the injunction issued in relation to this site?

All occupants on site to date have been served the committal letter and a copy of the original injunction.

7. Aside from plans to enforce the injunction, what planning enforcement actions, if any, have been taken by the Council in response to unauthorised development or occupation of the site?

Pursuing the injunction is the course of action. There is no further enforcement action that can be taken in respect of the above.

8. Has the Council now applied to the court and what is the expectation on timescale for a court date?

The Council has drafted the witness statement and instructions are with Counsel to progress.

9. Have the witness statements been completed after the expiry date of the committal procedures of 2 April to clear the site? This is now 2 weeks ago.

The witness statement was completed and is with Counsel for comment.  

10. Is the Council aware of any recent or ongoing construction or expansion activity on the site? If so, please provide details of these activities.

Yes. The site is subject to regular visits from Enforcement Officers with the most recent visit on 30 April.  This was a joint visit with Enforcement and Environmental Health officers. As additional occupiers have moved onto the site these are served notice and a copy of the injunction.

11. Is the Council aware of the amount of construction work that happens during evenings and weekends, outside of normal operational hours of construction work?

Yes.  The noise impact has been investigated by environmental health officers and all occupiers have been reminded of reasonable working hours in order to be considerate and mindful of neighbouring residents.  

12. What steps does the Council take to ensure that the rights of Travellers are balanced with those of local residents, particularly where unlawful development has taken place which is directly affecting the health and wellbeing of local residents??

The Council has been clear in terms of the action that is being pursued to remedy the current unlawful development. The Council has a duty to balance considerations and the needs of all. This has and is forming part of the evidence base for the court application which sets out the needs of the current occupiers and the harm as a result of the unauthorised development on the surrounding area and on the neighbouring residents.

13. Has the Council conducted any assessments of the impact this development has had on local infrastructure, including road safety, drainage systems, and public services? If so, what were the findings?

The Council has reviewed the planning history of the site and the previous material issues raised. We have discussed these with the relevant consultees to gain an updated understanding of previous concerns. These constraints have been made clear to those on site.

14. How many reports have been made to Environmental Health in relation to this site, what they have been about and over what time period? What action has been taken by Environmental Health in relation to these?

The site is and continues to be under investigation by Environmental Health officers.  There have been complaints received from February and additional reports in March and April. The concerns relate to noise, burning on site and animals. The most recent site visit was 30 April jointly with the Enforcement Officer.

15. As the question was not fully answered previously, please explain why the Council does not consider it in the public interest to request the site is acquired (not purchased) by order of the court to help prevent subsequent unauthorised occupation and the cost this incurs?

The Council has limited funds and would be better placed acquiring alternative sites that could be utilised to accommodate the needs of the Travellers to provide suitable sites. This would enable a better solution to unauthorised encampments.

16. Why are contractors acting on behalf of Somerset Council unlawfully dumping hazardous road sweeper waste, classified as controlled waste under the Environmental Protection Act 1990, onto agricultural land on Oxen Lane, without the required Environmental Permits or regulatory compliance, thereby violating environmental law and facilitating further unlawful development at the unlawfully occupied site on Oxen Lane?

This was reported to the Council in the week commencing 21 April 2025. The Council was not aware of this activity and it was not undertaken with the permission of the authority. This matter was swiftly investigated and action was taken by the company concerned. The Company and Highways remain in negotiation in terms of remediation.

17. As these contractors are operating under the authority of Somerset Council, will the Council accept direct responsibility for this illegal activity, explain how such conduct is compatible with its legal duties to uphold environmental protection, public safety, and responsible use of taxpayer funds—and how does it intend to address the breach, hold those responsible to account, and ensure the impacted land is properly remediated and restored?

As above.

18. Has a court date been secured for enforcing the High Court injunction? If not, why not?

No court date has yet been secured. Evidence is being reviewed by Counsel with a view to securing the earliest possible date.  

19. What immediate enforcement actions are planned to halt and reverse the unlawful development?

There is already an Enforcement Stop Notice and an Enforcement Notice on the site. We are discussing what further action or measures can be taken to support the Council in remedying the breach of Planning on the site.

20. Why was no action taken earlier, despite clear and repeated breaches?

Since the previous action on site there has been significant changes in terms of policy. The individuals on site are not the named parties on the previous injunction and therefore the Council needed to review the position.

When the Council first became aware of the breach the enforcement team in line with National Policy worked collaboratively with those on site to seek a solution outside of formal action. However, as the breach expanded and negotiations were not successful the Council is now seeking to take formal action.

21. Why have no regulatory bodies responded to the extensive complaints submitted?

Environmental Health have visited the site jointly with Planning Enforcement and are and continue to investigate concerns in terms of noise and pollution. The trigger for a statutory nuisance needs to be demonstrated over a period of time.

What steps are being taken to recover the significant debts still owed from previous incursions?

The Local Planning Authority have not been involved in the recovery of any debts but we are liaising with colleagues to understand the position.

22. How does the council intend to prevent such situations from recurring?

The Council has previously been advised that we are unable to control or limit the possibility of people moving onto land.

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.

  1. 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.
  2. 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).
  3. 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.
  4. 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.
    1. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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
  11. 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.
  12. 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.
  13. 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.
  14. 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.

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.