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family, and I was informed that they have instructed lawyers. However, this is in the early stages.
59. Further, the First Claimant places much reliance on their practice of toleration of temporary encampments on a case-by-case basis, including checks on welfare of those forming unauthorised encampments. The witnesses urge that one advantage of a specific and individual consideration of each encampment is that the encampment can be closer to facilities or amenities, such as a hospital. I was told that there is no evidence that the case-by-case approach has been the subject of complaints. I pay particular regard to the evidence of Mr. Williams that this informal approach has worked in achieving a balance between the interests of Gypsy and Traveller groups and local inhabitants. In his second witness statement, he gave six examples of this toleration in action. There are no specific examples given for the last year but the Council’s flexible approach of assessing need and welfare is said by Mr. Williams to be of greater benefit to the Gypsy and Traveller community than setting up a transit pitch in an inconvenient location relative to sought out facilities. An absence of sufficient transit sites in an area (or information as to where available sites may be found) may itself be a sufficient reason for refusing a newcomer injunction (paragraph 202 Wolverhampton ). 60. Considerations for the court are beyond transit site provision and the court must look at the local authority’s provision for the Gypsy and Traveller community more generally when exercising their operation as a local planning authority. 61. The evidence from Sally Boxall, the principal technical planning officer of the Council sets out that the current Gypsy and Traveller Needs Assessment is for 17 pitches between 2024 and 2029. As of 1 April 2025, 8 pitches are considered deliverable up to 2029. The reason for the increased need is due to the expansion of definition of Gypsies and Travellers, in December 2024, to include all other persons with a cultural tradition of nomadism or of living in a caravan. An updated Gypsy and Traveller and Travelling Show People Accommodation Assessment is being compiled.
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