The Courier & Advertiser (Angus and Dundee)
Travellers ordered to quit Mearns site
Nearby residents hail ‘victory for common sense’
Residents who have won a four-year fight against an unauthorised Travellers’ encampment on the Angus/aberdeenshire border have said it is “a victory for common sense”.
Almost four years to the day since North Esk Park sprung up virtually overnight near St Cyrus, Scottish Ministers have reversed a controversial Aberdeenshire Council decision to grant retrospective approval for the site.
The development was called-in by the Scottish Government last year and a Reporter has said the life-threatening flood risk of the North Esk Park location outweighs the need for a Travellers’ site.
Site owners have been given until July next year to vacate North Esk Park.
The period for removal has been extended to avoid unnecessary disruption to families who live there. Their only hope of remaining is an appeal to the Court of Session, which must be lodged within six weeks.
Scottish ministers have refused planning permission for an unauthorised Travellers’ site at North Esk Park near St Cyrus.
Travellers have now been given until July next year to get off the site after ministers agreed with Scottish Government-appointed reporter Rob Huntley’s conclusions following a site investigation.
The site on the border of Aberdeenshire and Angus sprung up on farmland close to the River North Esk almost exactly four years ago, triggering opposition from local residents and leading to a lengthy planning battle.
In April last year, Aberdeenshire councillors eventually voted to give the development retrospective planning permission, but the decision was called in by the Scottish Government.
The reporter said the development “conflicts with national policy on flooding”, and the Travellers’ final chance of remaining at North Esk Park rests in an appeal to the Court of Session, which must be made within six weeks from now.
Locals have hailed the decision as “a victory for common sense”.
The reporter said: “I conclude that the application development gives rise to substantial risk to life and property on account of the propensity of the site to flood.
“I do not consider that the establishment of a flood emergency plan as proposed by the applicant can sufficiently ameliorate the level of risk, bearing in mind the serious consequences arising from flooding.
“I accept that the provision of facilities and accommodation for Travellers at the site meets an identified need in the council’s area and I acknowledge that this is a significant benefit to which I attach considerable weight.
“However, I do not consider that this outweighs the risks to occupants of the development in flooding terms.
“The harm that I have found to be caused by the development in terms of nature conservation and visual impact, although less significant than the flooding considerations, are nevertheless factors which weigh against the application development.
“Overall, I consider that the development conflicts with the provisions of the development plan, and also with national policies on flooding.
“I therefore conclude that retrospective planning permission should not be granted for the development specified in the application.”
“I conclude that the application development gives rise to substantial risk to life and property. ROB HUNTLEY
Scottish ministers said they “carefully considered” all the evidence presented by Mr Huntley and agreed with his conclusions and recommendations.
North Esk Park has substantially expanded since the first temporary homes appeared in September 2013.
After initially refusing permissions and instigating enforcement, Aberdeenshire councillors then voted overwhelmingly in favour of granting permission for the creation of an official halting and touring site in April last year.
But the application was called in after Sepa confirmed the site had flooded in 2002, 2012, 2013 and in the aftermath of Storm Frank on December 30 2015, when residents had to leave their caravans because of rising water levels.
Mr Huntley described the development as well managed and said it is home to residents including some 14 children who attend school and nursery locally.