Judgment Approved by the court for handing down.
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91. In granting this injunction, the court takes into account the conduct of the Claimants that they take a collaborative approach when Gypsies and Travellers require a place to stop, and that enforcement always is a last resort. 92. However, the Claimants are expected to reflect further on their reasons for not pursuing byelaws. This type of injunction must remain as exceptional and it will be in place, in near identical terms, for a second year. It should never be a solution looking for a problem. 93. If there is a further application to renew, it should not be listed as a review and should be considered again with real care and scrutiny. The onus is on the Claimants to ensure that this information is communication to the court. Any application to renew should be considered again, de novo, with real care and scrutiny. This type of application must not dilute into a routine, or a “tick box” exercise as described by Freedman J in his judgment at paragraph 55. 94. Currently the Borough is not meeting the needs of the Gypsy and Traveller community. The decision not to create a transit site is justified on a hypothetical basis that it might not be in as convenient a place as would be served by informal and formalised stopping processes. However, a transit site would satisfy anxiety of Gypsies and Travellers that they might be moved from whenever they stop in the Borough. The court expects that a transit site is reconsidered by the Claimants and consultation is carried out with the Traveller and Gypsy community. 95. If the Claimants decide to make a further application to renew this injunction, they need to be prepared to address considerations into reducing the size of the area as well as produce evidence of satisfying the needs of the Gypsy and Traveller community where those needs currently are not being met. In addition, the need for a power of arrest will require review. Although there is a memorandum of understanding with Hampshire police, informal understandings amongst council officers and police can cease to work when personnel change. Intention can be harder to safeguard the longer that there is for time to pass.
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