Burn travellers’ site leaves Council ‘susceptible to court challenge’, say campaigners

Campaigners from Burn Parish Council and BANS (Burn Against New Site) commissioned Simon Randal, barrister at law firm 4-5 Grays Inn Square, to provide expert legal opinion to the group as it opposes the controversial scheme.

The plans, which are set to be debated at a meeting of the area’s planning committee on Wednesday, October 9th, would allow Selby District Council to create a new travellers site of 17 pitches, enough to accommodate up to 32 further caravans sited on land at Burn Airfield – should approval be forthcoming.

SDC has consistently misled us. Their selection process is totally flawed.

— Chris Phillipson (Burn PC)

Mr Randle, a specialist of the Planning and Environmental Bar, suggests that any decision made to select the village as the preferred location for the site would be susceptible to challenge before the courts.

Burn Parish Council chairman Chris Phillipson said, “Mr Randle’s report and conclusions have confirmed that the entire premise behind Selby District Council’s decision to blindly push on with their plans for a new site on Common Lane in Burn, just yards from the existing settled gypsy and traveller community, is totally unacceptable.

“SDC has consistently misled us. Their selection process is totally flawed. Burn was not in the original preferred list and was excluded in the early stages because of over-promotion from other villages in the district. Mr Randle is confident that having been rejected during the process there is no basis that the Burn site should emerge as the front runner at the end, saying ‘unless there are clear and obvious reasons for doing so’. He is of the firm opinion that SDC has not identified any such reasons.

“We know that members of the existing traveller and gypsy community in Burn do not want this new site. Furthermore the location is completely unsustainable. It will involve a hefty amount of taxpayers’ money in that it is estimated it will cost £90K every two years to dig out the above ground sewage system alone and additionally we have learned that SDC is proposing to taxi the site’s residents to school – given the lack of facilities and public transport here in the village.”

In his report Mr Randle says, ‘Having checked the Council’s website, (I found that) some information has either not been produced or is not available. I cannot see how the flood zone issue has been dealt with; I cannot see any explanation for the selection of this site ahead of others where brownfield considerations may apply.

‘I have been unable to find where the explanation is given in respect of the scale relationship between the proposal and the existing settlements and most importantly I cannot see how the essential requirements arising from the Government’s “Planning Policy for Traveller Sites” have been taken on board.

‘The basis for the decision, if it is the basis, that the land is available and that funds are available, has not been part of the assessment process and so we do not know if it would apply equally elsewhere.

‘In respect of the planning application, a fair and impartial assessment would conclude that there are many reasons why the application should be refused. In respect of both of the matters that I have been asked to examine, in my view should a decision be made to grant permission on the application made then a challenge to that decision should be made. It will for the reasons set out above and as presently advised have a very good chance of being successful.’

The scheme has already been subject to lengthy delays after Council chiefs were forced to resubmit an earlier planning application on the site amid fears that a procedural error could have left them open to the potential of legal challenge.

In June Selby Online exclusively revealed that planners had been forced to the resubmit after it was discovered that the Council had failed to serve proper notice on an agricultural tenant on the land. A failing that could have left the Council open to Judicial Review before the High Court.

In response to the barrister’s opinion, a spokesperson for the Council told Selby Online, “The planning committee report is due to be considered by Councillors on Wednesday 9th October, unfortunately it is inappropriate for the Council to comment in advance of the meeting”.

The full report is published as part of the planning committee agenda and can be downloaded from the Council’s website.