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Permission for half-built travellers' site refused

Martin HeathBuckinghamshire political reporter
News imageBuckinghamshire Council Aerial view of a large, fenced gravel-covered site containing two white mobile homes with dark roofs, several small outbuildings and sheds, two caravans, and a parked vehicle. The rectangular compound is enclosed by wooden fencing and bordered by trees, with most of the open space covered in light-colored hardstanding. One mobile home sits near the front of the site and another near the rear, with scattered outdoor furniture and equipment between them.Buckinghamshire Council
Mobile homes and touring caravans were brought onto the site at Ashley Green

An attempt to get planning approval for a travellers' site after work had already begun has failed.

Construction began on the site in Ashley Green near Chesham on 2 April this year.

Buckinghamshire councillors were advised by their officers to offer retrospective permission for the project, but they decided to refuse.

The planning agent for the travellers said they started work without consent because they needed somewhere to live.

Council officers who went to the site after reports of work starting found "multiple men, trade vehicles and evidence of caravans and hardstanding works".

They issued a stop notice, but work carried on - so they obtained an injunction.

The travellers had already applied for permission for two pitches, each with a mobile home, a touring caravan and a day room, but no decision had been made before they started work.

Councillors refused permission for a similar application on the same site in 2024.

News imageGoogle Street-level view of a village church set behind a wooden picket fence at a road junction. The stone church has a red-tiled roof, arched windows and a small entrance porch, surrounded by mature trees and neatly maintained grass. In the foreground, a paved road curves past the churchyard, with road markings, utility poles and overhead cables visible. Several vehicles are parked along the side road, including a green-and-white tree care van displaying the text “JDR Tree Care.” Road signs include a blue sign reading “Unsuitable for heavy goods vehicles” and a bus stop sign near the church entrance. The scene is brightly lit by sunshine under a clear blue sky.Google
The site is on the edge of the village of Ashley Green

Nathaniel Green, the planning agent for the applicant, told planning councillors at their meeting on Tuesday that "our clients did not go on the land with the intention of breaching a condition".

He added: "Our clients went on the land so that they could have somewhere to live."

He said the council accepted it had an unmet need of at least 427 Gypsy and traveller pitches between now and 2029, and only 23 had been provided so far.

News imageAmy Holmes/BBC Martin Tett wearing a light blue shirt and pale yellow patterned tie stands outside the glass entrance of a modern office building. The building has large glass doors, including a revolving door and an open swing door, revealing a reception area with security turnstiles inside. The foreground shows a paved entrance plaza, while reflections in the glass reveal trees, sky and nearby buildings. Several signs are visible on the doors and windows, including entrance notices and safety information. The scene is brightly lit by daylight under a partly cloudy sky.Amy Holmes/BBC
Councillor Martin Tett argued that starting work before consent was a good reason for refusing an application

Martin Tett, a Conservative councillor, pointed out that, under government policy, the fact that work had intentionally been started without permission should be given "substantial weight" when considering a retrospective application.

Councillors voted to refuse the application partly because it had been made after construction began, and because children living on the site would have to walk alongside a busy road on their way to school.

The applicant, Keith O'Donoghue, will now have to decide whether to appeal the decision.

The case, although it involved a much smaller site than others this year, will strengthen the argument for a change to the law.

MPs, including Josh Dean who represents Hertford and Stortford, are calling for a ban on retrospective permission being given when applicants have knowingly carried out work without consent.

But such a change would probably result in travellers making a case for councils being forced to find more sites.

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