You are here : News and Press » News Archive » Property Rights and Law » Trespass
Travellers' rights on caravan sites Letter from the President of the Country Land & Business Association to The Times, 9 October 2004.
Sir, Simon Jenkins (Comment, October 1) suggests that in the Chichester travellers' case the Court of Appeal held that there is a ' 'human right' to planning permission if you own a caravan'. There is no such right, and no new precedent has been set. There is only the failure of a particular local authority to comply with national planning policies. When in 1994 the then Government abolished the local authority's duty to provide sites for travellers, it was on the understanding that authorities would comply with policies requiring them to identify sites where applications for gypsy sites, should there be any, would be viewed sympathetically. If no such sites could be identified, the local authority was to set objective criteria against which applications could be considered. If a group of travellers arrived in a locality, the local authority only had to show that it had complied with the policy and the travellers would either be directed to the site or moved on. This approach was welcomed both by the majority of local authorities and landowners. Unfortunately some local authorities, including, it would seem, Chichester District Council, chose simply to ignore the policy. It failed either to provide sites or to give proper consideration to what it would do if a group of travellers arrived. As such, the council has only itself to blame that somebody else, in the form of the courts, has made the decision for it. Yours, MARK HUDSON, President, Country Land and Business Association, 16 Belgrave Square, SW1X 8PQ. |
Contact Christopher Price
Media Contacts Ollie Wilson T: 020 7460 7936
T: 020 7460 7934
Join the CLA today
More articles and documents [News Archive] [29 November 2004] GN18-11 Trespass - travellers, unauthorised encampments and raves [Guidance notes] [29 August 2011] Temporary Stop Notice - A consultation package [Consultation response archive] [9 February 2005] |
© 2012 Country Land and Business Association Limited (CLA). All rights reserved. No part of this website may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature without prior written permission of the copyright holder except as expressly permitted by law.
Disclaimer
No responsibility for loss occasioned to any person acting or refraining from action in reliance on or as a result of the material included in or omitted in this website can be or is accepted by the author(s), the CLA or its officers or trustees or employees or any other persons.
The Advisory Services are made available to members on the basis that members' rights to compensation and the liability (if any) of CLA and its officers and/or its staff advisers, are restricted in the following ways. In the event of any advice given by any CLA staff adviser being given negligently or otherwise being incorrect no liability whatsoever is accepted by the CLA or its officers or by its staff advisers concerned
(a) towards any person who is not the current CLA member to whom the advice was directly given,
(b) to any person in the respect of consequential loss or loss of profits, or
(c) to any person for any sum exceeding £50,000 in respect of any one enquiry (whether made or responded to orally or in writing and whether dealt with at one time or over a period of time).
Any person making use of the Advisory Services accepts such restrictions. Members should refer to appropriate professional advisers in private practice before taking any particular course of action potentially or actually involving any substantial amounts of money.
Please note that whilst the advisers are able to advise on a wide range of subjects relating to land ownership, they cannot act in place of a member's own solicitor, accountant, surveyor and tax specialist by, for example, drafting documents or corresponding on their behalf and may be precluded, by the rules of their own professions, from advising one CLA member against another CLA member in the case of conflict.
Solicitors Indemnity Fund . Solicitors in the CLA Legal Team are not covered by the Solicitors Indemnity Fund in relation to professional negligence in relation to any advice given by them.
Please note that from time to time telephone calls maybe recorded for training purposes.