 The case's outcome could have a bearing on many similar battles |
A battle over a controversial Gypsy site is reaching a critical stage at an inquiry hearing demands for the community's eviction. The 50-strong group of travellers near Minety, Wiltshire, are appealing to remain on fields that they own.
Local residents vehemently oppose the settlement, but a judge rejected an eviction on human rights grounds.
The case's outcome could have a major bearing on a string of similarly controversial battles in England.
The controversy began in August 2003 when the community of travellers bought land from local farmers and moved caravans onto the site.
 | MINETY GYPSIES ROW Aug 03: Site settled Jan 04: Planning application refused Feb 04: Gypsies appeal Aug 04: Judge stays eviction Feb 05: Planning appeal begins |
Within days the Gypsies had carried out substantial works on the site to provide electricity and other services including sewage facilities.
Local residents immediately protested the arrival, saying the travellers had no right to settle the land.
North Wiltshire council rejected an application from the Gypsies to stay, saying the site was not appropriate. So far the council has not been able to evict the community, which appealed.
In August 2004, Judge John Weeks QC, sitting at the High Court in Bristol, refused to approve an eviction saying the Gypsies should be allowed to stay until the outcome of their planning appeal.
"There is clearly a strong public interest in upholding planning laws and there has been a flagrant and deliberate breach of planning control," he said at the time.
"However the immediate hardship and suffering which will be felt from the order sought is sufficient to outweigh the public interest in enforcing it."
That decision brought more protests from residents who, at one stage, picketed the judge's own home.
Planning inquiry
The four-day inquiry in Chippenham will hear evidence from the local council, residents and the travellers themselves.
However, a ruling on the site will be made by Deputy Prime Minister John Prescott after his department, responsible for housing policy, accepted the case had provoked "significant public controversy".
Residents say they have raised a legal fund of more than �11,000 to fight the encampment, saying their house prices will suffer if the Gypsies do not go.
But Gypsy campaigners say the battle highlights the lack of legal sites available to travellers.
Philip Hammond, Tory shadow local government minister, said his party would boost local authority powers to act swiftly against unauthorised traveller sites.
'More sites needed'
"It is grossly unfair that those who deliberately ignore the planning system should then be allowed to abuse it in order to stall enforcement action against them," he said.
"The Conservatives are now consulting with local authorities on proposals which will allow them to reject retrospective planning applications where it is clear the applicant knew they were breaking the law- as is often the case where travellers move on to sites and quickly carry out substantial works."
In November, MPs urged ministers to make councils create sites because 3,500 travellers have no place to stop.
Last week ministers told councils to find more sites for travellers while also promising them stronger powers to move on illegal settlements.
Housing minister Yvette Cooper said more money would be available for councils to build new sites and the government would be consulting on a new obligation on authorities to identify potential sites for development.