Falkirk Council: Land ownership confusion delays plans for California traveller site

At a meeting of Falkirk Council’s planning committee on Wednesday, members had hoped to determine a retrospective application for a change of use to vacant land to form a private permanent gypsy/traveller pitch for one static caravan and one tourer, as well as hardstanding, car parking and a shed at Wesleymount, Church Road, California.

However, an objector’s comment that the applicant does not own the land meant that planning officers will now investigate the situation to make sure any decision cannot be challenged.

Planning officers have recommended granting permission for the site in California as there are “no sound reasons for refusal”.

According to planning documents, the application seeks permanent planning permission, “to allow a safe and secure home for the applicant and his family”. It also seeks to regularise engineering operations which were carried out to create a level pitch for the principal caravan and the erection of a shed.

A solicitor for the applicant was unable to attend the meeting but messaged the council to say that all of the legal reasons had been covered in the planning documents.

The complex planning history for the site includes a previous planning application, made in 2018, that has not yet been determined due to a court case over rights of access to the land.

Prior to that the Scottish Government reporter had overruled councillors to grant temporary planning permission for a similar application. That temporary permission, however, as now expired.

For this latest application, four people wrote to Falkirk Council to object strongly to the application.

Their claims include “out-of-control dogs at the application site, which worry sheep and dig into poultry enclosures” and “antisocial behaviour at the site, including people being threatening and abusive and fire raising”.

One objector attempted to attend Wednesday’s meeting by video link but was unable to. However, she did submit a statement which cast further doubt over the ownership of the area when it was read out at the committee.

In the statement, Lorna Robertson claimed that the applicants make a payment each month and are given a receipt from a payment book “all of which are still on Mrs Gregors’ kitchen table”.

While it is not required that an applicant seeking planning permission owns or controls the site, a land ownership certificate is required to be submitted and any applications cannot be made without the owner’s knowledge.

Falkirk Council’s legal expert, Mr Henderson, told members that any errors in the notification process may leave a grant of planning permission open to challenge.

He suggested that the case be continued to get more information about the land ownership to make sure that everyone has a chance to make representation, including the applicant.