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.
Previous Updates
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.
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.