A family of Travelling Showpeople have won their battle to continue living on green belt land next to the M25 after a council’s decision to refuse planning permission was overturned.
John Bailey applied to change the use of land on the corner of Clement Street and Church Road, in Sutton-at-Hone, near Dartford, last year to create permanent quarters for his family.
The Planning Inspectorate has overruled the council’s decision. Picture: Cllr George Holt
He wanted to create seven plots for Travelling Showpeople with storage, washing and testing areas for equipment, access and landscaping to accommodate around 25 adults and 12 children.
Showpeople, or Showmen, own, operate and organise fairs, circuses and shows in the summer and Christmas period, and have winter quarters where they settle to prepare for the next Travelling season.
The Bailey family have run funfairs in Kent for around 100 years and, unlike other travelling groups, need a much bigger space to store their equipment.
The applicants have owned the land, near the M25, since 2020 but said they were forced to move onto it as there was nowhere else on the county’s existing Traveller sites that could accommodate them.
This was disputed by council officers who claimed the local authority had an “adequate supply of plots” and did not consider there to be an unmet need for travelling Show People.
The family were previously living in South Ockendon, on the other side of the Dartford Crossing in Essex, but said it was “severely overcrowded” and “cramped” so moved onto their land in Kent in March last year to improve their living conditions.
Applicant John Bailey previously said they would not have moved on if they had somewhere else to go
Council officers said this was a breach of planning control as they did so before permission was granted and an enforcement notice was served requiring the development to be removed.
Speaking to KentOnline previously, Mr Bailey said: “We have got to do whatever it takes as we need somewhere to live. We are a family and we do not want to break the rules.
“We cannot park up on the side of the road, we need land for our equipment. We had to do this. It might not have been the correct thing to do but we needed somewhere to live.
“We will go anywhere but there are no sites for us and the ones there are, are all overcrowded. If there were more sites it would be ideal.”
Their plans were thrown out at a Dartford council planning committee in March as members said it was an “inappropriate development” on the metropolitan green belt.
However, the government’s Planning Inspectorate has overruled the local authority’s decision following an appeal inquiry in September, granting permission for the site and dismissing the enforcement notice.
The family have won their battle to live on their land
The report, published on December 3, stated that although the development would be “inappropriate” in the green belt, “very special circumstances” were established to justify it.
Inspector Jessica Graham added that allowing the scheme would address an unmet need for Traveller plots and the personal circumstances of the appellants weighed heaving in their favour.
Historically, Show People were excluded from the definition of Gypsies under the Caravan Sites Act 1968 meaning they did not benefit from the council’s duty to provide accommodation for them.
Instead, they had to find their own land which, in many cases, was then subject to compulsory purchase orders to make way for other uses.
The Planning Inspectorate report explained the loss of traditional yards means those surviving have become overcrowded as family and friends make room for those who have nowhere else to go.
It added many people fear they will be moved again so do not draw attention to themselves stating: “A cramped and dangerous home is better than no home at all”.
The site sits near the junction of Clement Street and Church Road, in Sutton-at-Hone
In this case, the appellants provided the inquiry with evidence that previously they were living informally with others which was “grossly and dangerously overcrowded” and had been asked to leave due to lack of space.
Representing the family, a member of the appellant group, Joseph Smith, said they would be homeless if planning permission was denied.
The report said the council accepted that in refusing the plans it left them without a secure home but suggested they could have found space on relatives’ sites on a temporary basis.
Yet, Ms Graham said: “Even if that were possible, it would be very far from an acceptable outcome. I share his view that this is no way to live or to raise a family.
“If planning permission for the proposed development were refused, there is a very strong likelihood that all of the appellants would not only be rendered homeless but would as a consequence struggle to retain their rides and equipment, and thereby their livelihoods.”
Cllr George Holt said the decision to approve the plans was “deeply disappointing”
The inquiry did agree that the development would constitute an “inappropriate” development of the green belt, however, stated that any alternative sites would also be in the green belt meaning harm is largely inevitable.
Speaking after the decision, Dartford councillor George Holt (Con), who had been against the plans, said it was “deeply disappointing and a defeat of common sense” to approve the plans.
The representative for Wilmington, Sutton-at-Hone and Hawley added: “Dartford council takes immense pride in protecting our green belt, and we deployed every effort to prevent this outcome.
“We rejected the application and issued an enforcement notice to remove the unauthorised structures, demonstrating our unwavering commitment to upholding local planning rules and defending our countryside.
“This decision sets a troubling precedent and raises serious concerns about the government’s approach to green belt protections.”
Councils may have to consider building on green belt land to meet the new housing targets
Earlier this year Dartford council was told by the government planning inspector Gypsy and traveller pitches will need to be expanded and green belt land released to meet increased demand.
Campaigners for the community say the unmet need is due to local authorities across the county having “failed miserably” in providing sites in the past.
Dartford has been told it needs to deliver an extra 56 sites for Gypsies and Travellers and one more for Travelling Showpeople.
Of these, 35 sites need to be deliverable “in the next five years”, according to the Inspector’s report.
And more generally, under new government targets, more than 13,000 homes will need to be built in Kent every year with councils encouraged to undertake “green belt reviews” when they cannot meet these without building on the green belt.
Only three councils are facing reductions in their targets – Ashford, Medway and Dartford.
The Labour administration was elected on a promise to “get Britain building”, aiming to provide 1.5 million extra houses over the next five years.