A Traveller family refused permission to continue to live in a static caravan on a piece of former waste ground in Galston have made an emotional appeal to councillors.
Applicant John Cummings says that the development would allow his family to settle down in the town, while the inclusion of a towing caravan would allow them to maintain ‘a way of life that goes back generations’.
He has now submitted an appeal to East Ayrshire Council’s Local Review Body, which will be considered next Tuesday.
John Cummings bought land in Milrig Crescent which had been given planning permission for the development of four houses.
Mr Cummings said he had planned to develop the site, but that they were scuppered as a result of covid and ‘tragic family circumstances’.
He and his family had moved into a static caravan on the land, building a fence around the property.
However, no planning application was submitted, with retrospective permission granted in September 2022.
East Ayrshire Council planners gave permission on the basis that it was a temporary development associated with the housing development and that the caravan, fence and other items would need to be removed a year later.
Mr Cummings submitted another application in September 2023, the same month that the permission was due to expire, seeking to maintain the static caravan and fencing, while adding a ‘day room’ for his family.
His application stated that he sought permission for a further year and that he hoped to build houses soon.
Only one objection was raised, with a neighbour, who said they had lived there since 1948, simply saying they object to ‘looking at caravans’.
Planners pointed out the fact that the original planning application for four houses had expired and no further application had been submitted.
They also claimed that the fence gave the site a ‘heavily fortified appearance’ and that the plan for a day room indicated a permanent development.
They added: “Other than the aspiration stated on the application form to build houses, there is no evidence to suggest that the site would be developed for housing within one year given the previously approved residential development consent has now lapsed and is incapable of being implemented.”
In his appeal, Mr Cummings admits that he is not in a position to progress the housing development and that the caravan would be a permanent home, a change from the refused application.
He argues that the development has improved a site that had been plagued by vandalism and fly-tipping, citing a wish that his family settle in the town as the main reason to overturn the refusal.
In his statement he says: “My family and I have resided on this land for some time. We have stayed within the static caravan with chemical toilets on site.
“We are very happy and settled in this community. We get on well with everyone within the community.
“We have never had any problems with anyone from Galston’s community.
Our neighbours are delighted that we are here.
“They often tell us that they feel safer now, as this was once a waste piece of land.
“Before we came here, the land was not reflective of the manner in which it is described on the handling report. The land was insecure. There was no fence, on any side of the property.
“The neighbours regularly had their gardens vandalised. The area was used for fly tipping.
“It was evident that I had to put up a boundary fence up to secure the land, and our neighbours’ gardens.
“As a result, we improved the quality of the area and helped to improve its safety.
“The handling report states that the reasons for refusal are due to the creation of a temporary style compound. I disagree with this. This would be our permanent family home.
“I would like to build a day room and keep our static caravan for residential use for my family. It would enable us to embrace our culture, a way of life that goes back generations.
“We have nowhere else to go. I have no wish to live in our caravans at the side of the road, in car parks and other pieces of land, which would require us to move every day.
“We are settled on this site. We want to continue to be settled here on a permanent basis.
“I have family that reside across the street in Galston. There are more family members situated in nearby areas. They have all settled in to their communities.
“Where else would the council like us to go? We have nowhere else that allows us to continue to live in a way that allows us to embrace our culture, whilst contributing to the community in the way that we have.
“We are not ruling out the building of a house, but we are not currently in a position to do this at this time.
“It would be for the future, and for our family. We are living in a nightmare at present with the uncertainty of permission being granted, and our future on the site that we have called home for some time, uncertain.”
While Mr Cummings did not explain the references to ‘culture’ in his appeal, his agents confirmed the family are from the travelling community.
Councillors will consider the appeal on Tuesday, January 14.
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