Landmark battle for gypsies

WHEN a group of gypsy families bulldozed their way on to farm land in Minety in the summer of 2003 villagers had no idea they would still be fighting to remove them 18 months later.

For although the 56-strong group of travellers had bought the land from farmers Peter and Roger Baker they did not have planning permission.

North Wiltshire District Council turned down plans for the caravan site and issued an enforcement notice but in August 2004 a High Court judge decided the gypsies could stay until an appeal was heard.

Today anger and a sense of injustice are the feelings of most Minety villagers for the gypsies who are camped on the edge of the village in Sambourne Road.

Janet Lenton, secretary of the parish council said: "The general feeling towards the gypsies in the village is a sense of injustice. The whole nature of gaining planning approval is by consensus, and it is the first step to anarchy if you override it.

"Many people feel angry about the encampment. It is not just a small group of protesters. We already have several hundred signatures on a petition from this and the surrounding villagers who oppose the camp."

Heading this fight to remove the gypsies is Verina Hyland the leader of the Minety Action Group, who lives next to the site.

The group has raised £11,800 to hire Birmingham-based lawyer David Park to represent them at the inquiry.

When the gypsies first arrived Mrs Hyland was so shocked she spent £6,000 on CCTV cameras and fencing to protect her property and horses.

She said: "I feel what they have done is unforgivable. I feel intimidated when I walk into our field near the gypsy site and everything you do is commented on.

"You always feel suspicious and it has made us paranoid. The gypsies moved into the site in the space of 72 hours giving the village no say and we will not sit back and accept it.

"I accept the gypsies have human rights and a right to a home, but there are already an enormous amount of sites in Wiltshire, and the gypsies are given a lot of help."

Maggie Smith-Bendall, the gypsies' representative, has accused the protesters of being motivated by prejudice.

Mrs Hyland said: "I think there are some things worth fighting for in life and this is one them. We cannot break planning law, so why should they?

"I have been living here for 11 years and been told to expect a 30-40 per cent drop in our house price."

The protesters say the entrance into the gypsy site on the B4040 Sambourne Road poses a traffic hazard.

It is on a dangerous bend and access is very difficult.

During Judge Week's hearing, he ruled that the welfare of the children and adults living on site had to be taken into consideration.

Representing the gypsies at next week's public inquiry will be Bristol-based lawyer, Brian Cox.

He will have to persuade the planning inspector of the merits of allowing the gypsies to stay, in a case that has sparked national interest.

But while the forthcoming public enquiry could set a national precedent, the Minety campaigners are not alone in their opposition to gypsies who flout planning laws.

In Exeter, hundreds of people have voiced concerns about plans for a transit site for gypsies near the city.

In Somerset around 16 gypsy families have had their application for planning permission turned down.

The ruling to allow three gypsy families to live on land with their families in Chichester, West Sussex, fuelled controversy last September.

Appeal judges reinstated a planning inspector's decision that they could stay there on human rights grounds.

In the past Mrs Smith-Bendall has vociferously spoken for the Minety group.

She has said the problem lies with successive governments who have swept the problem under the carpet.

And she has said there needs to be more respect and understanding of the unique gypsy culture, which she has said is around 2,000 years old.

Mrs Smith-Bendall has also insisted that the gypsy families want to integrate with villagers.

Last week, Mrs Smith-Bendall refused to say anything about the families and their life in the camp, saying she had taken advice from their lawyer Mr Cox.

But one woman, who asked not to be named, openly admitted the gypsies had broken the law.

She said: "Yes we broke the law, but we felt we had no choice because we would not have got planning permission. We had nowhere else to go. For the last 18 months we have been able to give our children a good education and that is important.

"We are normal people who do not have horns on our head and many

villagers in Minety have sent us letters."

North Wiltshire MP James Gray said it was impossible for the Minety gypsies to be considered a special case.

He said: "It is unacceptable for the gypsies to be viewed as a special case. In my view the planning law should apply to everyone.

"I have spoken to Ministers and the Human Rights Act does not give the gypsies special human rights. Everyone has rights. I think the district council was right to turn the gypsies' application down.

"Wiltshire is one of the best providers of gypsy sites in the country. If they want to settle down I will help them find a house.

"But I will not help them break the law."

Farmer Peter Baker from Leigh Field farm originally sold the three-acre plot of land to the gypsies in August 2003.

His son Roger is the chairman of Leigh Parish Council.

The two have been shunned by many Minety villagers but remained unrepentant about their decision.

Inquiry countdown

AUGUST 2003 16 gypsy families set up camp on land at Sambourne Road to the fury of villagers.

North Wiltshire District Council applies to the High Court in Bristol for an injunction to remove them.

SEPTEMBER 2003 The High Court rules the injunction should not be heard until the gypsies' planning application is analysed by the district council.

The gypsies agree to a court decision that binds them to submit a planning application and to stop any further building on the site.

JANUARY 2004 North Wiltshire District Council rejects the gypsies' planning application.

FEBRUARY 2004 The gypsies say they will keep on fighting despite having their planning application thrown out by the district council.

APRIL 2004 An attempt by the district council to get a High Court injunction fails after a late submission of evidence by the gypsies. The issue is delayed to allow the gypsies to compile a human rights case.

AUGUST 2004 Judge John Weeks at Bristol High Court adjourns the case and allows the gypsies to stay until a public planning inquiry in February 2005.

While accepting planning permission had been breached, the judge rules that the gypsies' human rights must be taken into consideration.

SEPTEMBER 2004 The Minety Action Group aims to raise £10,000 to hire a barrister to remove the gypsy encampment.

Action group leader Verina Hyland announces the plan to a packed meeting at Minety Village Hall, which is attended by the district council planning officer Charles Prescott and North Wiltshire MP James Gray.

Mr Gray offers his total support to the campaign.

OCTOBER 2004 The Minety Action Group says the judicial decision to allow three gypsy families to stay on a site in Chichester, West Sussex, is another blow for residents' rights, and proves the Government is supporting the gypsies.

The appeal judges had ruled the gypsies in Chichester could stay under Article Eight of the European Convention on Human Rights.

They said settlements must be respected even if they were in flagrant breach of planning law.

NOVEMBER 2004 Fears grow that gypsies are planning to buy land in Hankerton if they are kicked off their encampment in Minety. Hankerton parish councillors discuss their fears with the police.

Peter Baker, who originally sold the three-acre plot of land to the gypsies, refutes rumours that a cousin is planning to sell any land in Hankerton to the gypsies.

DECEMBER 2004 The Minety Action Group says the wrangle to remove the 56-strong group of gypsies will set a nationwide legal precedent.

There have already been concerns raised in Exeter, Somerset and Chichester about gypsy sites.

JANUARY 2005 Minety Action Group campaigners say they have raised £11,500 to hire Birmingham-based lawyer David Park to represent them at the public enquiry.

The group remains confident of victory in its legal battle.