A TRAVELLER who has been in a two-decade-long battle to stay on his pitch in Carlton has finally been successful - after a government department overruled Barnsley Council.
Gerald Ayres has lived at the Shaw Lane site in Carlton since 2004 but has had temporary permission in the past and has long sought permanent residency on the land.
However, to and fros with the council resulted in multiple showdowns with the Planning Inspectorate over the years, which led to the latest hearing being held on July 23.
According to documents released this week, Mr Ayres appealed a council-issued enforcement notice which allowed a three-month period for the green belt land to be put back to its former state without the siting of caravans.
Inspector Thomas Shields ruled in Mr Ayres’ favour, quashing the enforcement notice and allowing him to occupy the site.
“I attach weight to the appellant’s immediate need for a site and a lack of a five-year supply of deliverable pitches, although this by itself does not outweigh the substantial weight resulting from the harm to the green belt,” Mr Shields said.
“With regard to the appellant’s personal circumstances, I consider that securing his existing home at the appeal site, for however long a period of time he may need to occupy it, would be a significant benefit for his wellbeing and healthcare.
“These considerations amount to the very special circumstances necessary to justify the grant of planning permission on a personal basis.
“This would be a proportionate and necessary interference with the appellant’s human rights in the wider public interest.
“When the appeal site ceases to be occupied by Mr Ayres the use hereby permitted shall cease.
“All caravans, vehicles, buildings, structures, materials and equipment brought on to the land, or works undertaken to it in connection with the use, shall be removed and the land restored to its condition before the development took place.”
Mr Ayres - who has never lived in ‘bricks and mortar housing’ - has a terminal medical condition.
His family and nursing care staff regularly visit the site to look after him and to attend to some of his daily needs, the hearing was told.
“In the light of all the evidence relating to his personal circumstances I consider that if he were forced to leave the site it would likely have highly deleterious impacts on his wellbeing and the effectiveness of his care treatment,” Mr Shields added.
“His personal circumstances attract substantial weight in allowing the appeal.
“Dismissal of the appeal would result in the appellant losing his home.
“This would constitute an interference with his rights under Article 8 of the European Convention on Human Rights and under Article 1 of the First Protocol.
“These rights are enshrined in the Human Rights Act 1998 and concern the right to respect for private and family life and the protection of property respectively.”
Coun Robin Franklin, cabinet spokesperson for regeneration and culture, said: “We consider a wide range of factors when making planning decisions, helping us to make sure the process is fair for everyone.
“Back in 2023, we issued an enforcement notice to this site due to a perceived change in how the land is being used.
“Following an appeal, the Planning Inspectorate has corrected and quashed the enforcement notice having considered there to be very special circumstances to warrant allowing the appeal.
“The planning permission has now been granted and is subject to a planning condition, personal to the applicant.”
