Text Box: Monday (14 January). 
“The operations on site comprise the laying of hardcore and topping with road scalpings (not tarmac).  This will not be difficult to remove in the event of refusal of planning permission, in common with the two caravans.  It is not an offence to undertake works without the benefit of planning permission.  There is no evidence to suggest that more caravans will be brought on or that more operational development will be undertaken so a Temporary Stop Notice is not appropriate.
 
“Government Circular 1/2006 sets out the way in which gypsy and traveller planning applications must be dealt with by Local Planning Authorities.  This REQUIRES Councils to carry out Gypsy and Traveller Accommodation Assessments in respect of gypsies and travellers (now done by SDC) and TO MAKE PROVISION for that need.  The Local Development Framework will need to identify specific sites to match the pitch allocations as set out in the future Regional Spacial Strategy.  The Council's submission to the South East Regional Assembly's partial review of the South East Plan relating to gypsies and travellers states that the need identified within SDC's Gypsy and Traveller Accommodation Assessment should be distributed more evenly across Kent.  
 
“Circular 1/2006 also sets out how local authorities should consider 
proposals for new sites when there is an identified need (which there is) but as yet no related policy setting out how that need will be met (which there isn't).
 
“The Circular advises that "where there is unmet need but no available alternative gypsy and traveller site provision in an area.........local authorities should give consideration to granting a temporary planning permission".
 “I appreciate that this will be a disappointment to you but the fact remains that
1)  The family are on the land in breach of planning control but this is not an offence.
2)  No further action is appropriate until such time as the planning application is determined.  Should the application be refused, an enforcement notice will be issued.  There is a right of appeal against both a planning refusal and an enforcement notice.