Council could take enforcement action against Hemley Hill gypsies (From Bucks Free Press)

Council could take enforcement action against Hemley Hill gypsies

4:43pm Thursday 6th August 2009 in

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A COUNCIL could force gypsies to move off land in Princes Risborough after deciding it cannot refuse or grant planning permission because of confusion over land ownership.

Wycombe District Council yesterday said it cannot reach a decision on a planning application for the Hemley Hill site as there is “no evidence” that the “new” owners own the land.

And spokesman Catherine Spalton said: “It is within the power of the council to now serve a planning enforcement notice against the owners and occupiers of the site.

“Any such notice could require the site to be returned to its previous agricultural use and this is under consideration.”

Confusion surrounds ownership of the site, in Upper Icknield Way.

Land Registry documents show “former” owners Bob Aldridge and Barry Taylor own the land, which travellers moved onto and began concreting over during the Easter bank holiday.

The council said three “new” owners, Patrick Hanrahan, John Murphy and Michael Murphy, were put forward by their agent – but their signatures were not on the deed of transfer.

Yet Mr Taylor’s solicitor, Jeremy Wise, today said the sale was “correctly conducted and completed”.

The “new” owners’ agent, Green Planning Solutions, was not available for comment.

Mr Taylor said he sold the land to a man named Michael but could not recall his surname – though he does not recognise the surnames Hanrahan and Murphy.

He said: “At the time I sold that land in good faith and it has been a strain on my life ever since.”

Residents have complained about noise and rubbish from the gypsies and Mr Taylor said he has encountered hostility from some residents.

Trica Kelly, whose home backs onto the site, said: “Myself and many residents are giving the council's decision a cautious welcome because the application would have been refused.

“But it's farcical really that nobody knows who owns that land. If we had the opportunity to buy the land we would but, as it stands, we wouldn't even know who to contact to buy it.”

A council report into the issue said: “Given the lack of clarity over the ownership of the land, the solicitors acting for the gypsies occupying the site were contacted and were repeatedly requested to produce evidence to confirm the current fee simple owners of the land.

“The solicitor has failed to respond to those requests.”

It adds: “It is the opinion of the local planning authority that the current application before this authority cannot be entertained and a decision cannot therefore be issued.”

People do not have to own land to apply for planning permission – but the council said the landowner needs to be notified, which in this case is not clear.

If councillors were allowed to make a decision then WDC officers would have recommended refusal as they say it is in the Green Belt, would cause traffic problems and affect neighbours.