A BITTER battle which has seen a traveller embroiled in a long-running dispute with Barnsley Council over his family’s right to remain on land has resulted in a government body overruling and slamming the local authority’s ‘unreasonable’ behaviour.

Jimboy Stables, on Mackey Lane, Brierley, is occupied by the Connors family but has been blighted by knock-backs and enforcement notices due to alleged unlawful work.

The family’s latest application to the council - which sought to secure a change of use for the former allotment site to a permanent caravan site with a day room, boundary wall and gate - was rejected by the council’s planning board in last spring.

However, the family then lodged an appeal with the Planning Inspectorate, which has the power to overturn the council’s rejection if it’s deemed unjust.

It was revealed this week that the family successfully argued against the council, resulting in the Planning Inspectorate quashing an enforcement notice and granting consent for the family to stay - and build - on the land.

Zoe Franks, who oversaw the inspection, said in a report: “The council failed to respond to the applicant’s case during the appeals process regarding the size and location of the site.

“This meant that the area shown on the enforcement notice was inaccurate.

“Personal circumstances, human rights, the best interests of the children living on the site and the need for and supply of pitches were not considered.

“The council did not behave reasonably, either procedurally or in respect of the substance of the matters under appeal.

“By unreasonably refusing permission and then defending these appeals without responding properly to the case made out by the applicant, they have caused undue delay and expense to be incurred by him.

“For the reasons given above, unreasonable behaviour resulting in unnecessary or wasted expense has occurred and a full award of costs is also therefore warranted.”

Ms Franks praised the Connors family for their respect for the site and confirmed no ‘undue disturbance’ would be caused if the application would have been given the green light by the council.

“The site is very neat and well kept, and the mobile home is situated along the rear, adjacent to the northern-eastern boundary,” she added.

“It is at a lower level and with the mobile home at a right angle to the adjoining gardens and houses - as such there is no direct over-looking from the site.

“The development is for a residential use to be occupied by the appellant and his immediate family and as such is an appropriate use in this location.

“Whilst there will be some noise and light associated with the use it is a small site being used by a limited number of people.

“There is no reason that such a residential use will cause undue disturbance, including through comings and goings to the site, to the occupiers of the adjacent properties.

“Concerns have been raised regarding access to the site via Mackey Lane, which is an unadopted track, however there is no objection from the highways authority and as the development is for the residential use by one family, the vehicular movements associated with it will be limited.

“Even with the proposed day room, there would be plenty of room on the site for vehicles to park and turn.

“I shall grant planning permission for the development and the enforcement notice will be corrected and quashed.”

Councillor Robin Franklin, cabinet spokesperson for regeneration and culture, told the Chronicle the council will be reviewing the outcome.

He added: “An enforcement notice was issued on May 3, 2024, for change of use of land for the siting and occupation of caravans, the construction of a wall, gates and laying of aggregate at land on the north-east side of Mackey Lane, Brierley, otherwise known as ‘Jimboy Stables’.

“However, the notice was appealed, and the Planning Inspector decided to grant permission and award costs to the appellant.

“We will review the reasons behind this decision and continue to take planning breaches seriously, enforcing actions when necessary.”