Travellers' site - Hemley Hill, Saunderton
This page will be regularly updated with information relating to the caravan site which has been created at Hemley Hill, Upper Icknield Way, Saunderton.
Hemley Hill Update - 31 January 2011
Appeal decision on Hemley Hill taken to Judicial Review
The appeal has been lodged by Mrs Kathleen Murphy under sections 288 and 289 of the Town and Country Planning Act 1990
Grounds of appeal are:-
The Secretary of State (SofS) acted unlawfully in the following respects:-
That the Inspector was precluded from considering the RSS because the SofS had acted unlawfully in revoking RSSs and stating that they were no longer relevant to planning and enforcement cases. As a result the Inspector did not take into account the RS documents and had difficulties in dealing with need in regard to regional and local requirements and/or their relevance to the material considerations before him.
That following the decision, the revocation of the RSS was declared unlawful by the Courts in the case of Cala Homes (south) ltd v Secretary of State for Communities and Local Government and RS were formally reinstated. That the SofS filed to give the Appellants the opportunity of making representations in regard to the wrongful revocation of the RS, their re-instatement and the weight to be given to the Regional Plan and the at the regional and sub regional need in the south east was considerable.
That SofS should have given appellants opportunity to comment on the general effect that the wrongful revocation had on the fairness of the proceedings generally.
That SofS failed to give the proper weight to the RS required in law and took into account irrelevant maters, namely an intention to revoke the RS in the future and failed to take into account relevant matters namely the RS and particularly the regional and local need.
The appeal means that the appeal decisions made by the SofS are held in abeyance until the outcome of the Judicial Review is known. The Council will continue to monitor the occupation of the site, the Injunction covering the site and its use is still in force
Hemley Hill Update - 10 December 2010
Appeal A decision: Dismissed
Appeal B decision: Dismissed
Decision received 10 December 2011. See link to decision below:
Appeal decision
Appeal decision report
Hemley Hill Update - 7 December 2010
A Decision was set to be issued for today (Tuesday 7 December) from the Secretary of State, however, they are unable to reach a Decision and are hoping to conclude in approximately one week's time.
Hemley Hill Update - 28 September 2010
The Planning Inspectorate has today informed the Council that the Secretary of State will issue his decision on or before 7 December 2010.
Hemley Hill Update - 22 September 2010
Wycombe District Council has today, 22 September 2010, been notified by the Planning Inspectorate that the appeals into the refusal of planning permission and the serving of an enforcement notice on land at Hemley Hill, Upper Icknield Way, Saunderton will now be determined by the Secretary of State.
This means that instead of writing a decision, the Inspector will prepare a report and recommendation, which will be forwarded to the Secretary of State. The reason given by the Secretary of State is that 'the appeals involve proposals for significant development in the Green Belt.'
The Planning Inspectorate is currently in discussion with the Secretary of State and the Department of Communities and Local Government to agree a timetable of events. Once we have this timetable we will provide a further update.
Hemley Hill update - August 2010
The public inquiry into the appeals against the refusal of planning permission and the serving of an Enforcement Notice on land at Hemley Hill, Upper Icknield Way, Saunderton (PINS Ref APP/K0425/C/09/2115651 and APP/K0425/A/09/2117340) will resume at 09:30am on Monday 16 August 2010 for 1 day. The venue will be the Council Chamber at the Council Offices, Queen Victoria Road, High Wycombe, Bucks, HP11 1BB.
Hemley Hill update - March 2010
Following the inclusion of the Hemley Hill Action Group as a third party in the forthcoming inquiry, the Planning Inspectorate have now decided that the Inquiry will sit for four days. Following discussions between the three main parties the date for the Inquiry has been moved to 13, 14, 15 and 16 July at the Council Offices in High Wycombe.
21 December 2009
The Planning Inspectorate has now given us a date of 27 April 2010 for a Public Inquiry to be held at the Council Offices, Queen Victoria Road, High Wycombe. It is anticipated that the Inquiry will last for two days. It will consider the appeals against the refusal of planning permission for 9 Gypsy and Traveller Pitches and against the serving of an enforcement notice against the current use of the site.
13 November 2009
Update added to website (please see update 12 below).
27 October 2009
Update on appeal added to website (please see update 11 below).
6 October 2009
Injunction details (please see update 10 below).
18 September 2009
Planning application 09/05790/FUL for 'Change of use of land to include the stationing of caravans for 9 gypsy pitches with utility/day room buildings and hard standing ancillary to that use' is now valid (update 9).
3 September 2009
WDC serves Planning Enforcement Notice on the Owners/Occupiers of the Hemley Hill Gypsy Site (update 8).
12 August 2009
Some further updates regarding the planning application, its relationship with enforcement action and information about a district-wide site options appraisal for sites for Gypsies and Travellers (update 7).
5 August 2009
The application has been considered by the Council and an officer recommendation and report produced (update 6).
5 June 2009
A mobile home has been removed from the site (update 5).
29 May 2009
It has been noted that some minor development has recently taken place (eg installation of portaloos and a television aerial). It has also been noted that a mobile home was brought onto the site on Wednesday 28 May (update 4).
5 May 2009
An application has been received for land at Hemley Hill, Saunderton (update 3).
1 May 2009
Council obtains Hemley Hill injunctions (update 2).
24 April 2009
A caravan site has been created in a field at Hemley Hill, Saunderton. Due to the public interest which this has generated, a briefing note - available to download below - has been prepared which gives an update on the current situation (update 1).