Additional occupiers have questionable gypsy status in policy terms

An inspector was not convinced that various occupiers of a site in south Wales met the statutory definition of gypsies and consequently she held there was no overriding reason why they should continue to live in caravans on the site. However relatives of the appellant were judged to be classified as gypsies and were permitted to remain on the land.

The council had granted permission for the siting of a mobile home and five touring caravans and had imposed a condition specifying those that could live there. The appellant wished the number of touring caravans to be increased to 8 and the condition widened to include the additional occupiers. The latter however by virtue of their lifestyle and travelling habitats did not meet the statutory definition of gypsies or travellers the inspector held even though some may have gypsy ancestry. Despite the fact that some of them travelled to work or for personal reasons did not mean that they had established a nomadic lifestyle.
She was also concerned that the existing access was sufficiently hazardous to prevent additional families occupying the site particularly where no need had been established. The exception were the additional family members of the appellant. Preventing non-gypsy residents from continuing to live on the site would interfere with their human rights but this had to be balanced against the wider public interest which including maintaining highway safety. The condition was varied to allow 8 touring caravans to be sited on the land along with the additional family members.

Inspector: Melissa Hall; Hearing

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