Blackburn with Darwen Council’s attempts to evict a gypsy camp near Whitehall Park have been halted
A Lancashire local authorities attempts to evict a gypsy camp in its borough have been halted.
Blackburn with Darwen Council’s latest legal move to remove an unauthorised gypsy encampment on grassland near a Darwen park has been adjourned.
On Friday the authority applied for an injunction to give it the powers to evict the Young family and clear the site at Hall Moss Farm, close to Whitehall Park.
The legal move would have allowed the council to take steps to enforce the decision by government planning inspector Robert Walker to refuse the family’s appeal against its refusal of retrospective planning permission for the change of use of the land from agriculture to a Gypsy caravan site of six plots, each with a static and two mobile caravans.
His September 30 ruling gave them until January 5 to clear the unauthorised encampment off Bolton Road in Darwen and return the land to its original condition.
On Friday a hearing was listed at Manchester Civil Justice Court for Blackburn with Darwen Council’s application for a full injunction to enforce the inspector’s ruling with regards to the Hall Moss Farm site.
Following an application made by the defendants, the Judge has granted an adjournment until at least March 30 as they did not have legal representation.
An interim injunction – that prevents any further works – remains in place and will do so until the outcome of the case is decided.
John Reilly, founder of the national Gypsy Traveller League, is now arranging legal representation for the family at the new hearing.
In December Jack Young on behalf of the family spoke to a local media outlet to ask the council to ‘show some humanity’ and abandon plans to evict them.
He said enforcing the decision would leave him, his children and his wider family homeless.
The council launched enforcement action against the landowner when unlawful work first started in 2024 and local residents objected to the encampment.
Due to concerns regarding the unauthorised development of the land, the council first issued a Temporary Stop Notice in May 2024.
That was replaced by a Full Stop Notice and Enforcement Notice in July that year.
Following an appeal by the landowner, the Planning Inspectorate upheld the council’s Enforcement Notice
In July, the Council secured a temporary injunction preventing further work at the camp due to breaches of building control at the site.
Mr Walker’s decision to uphold the council’s refusal of planning permission in March last year followed a five hour hearing attended by both the council and the Young family at Blackburn Town Hall on September 16.
Opponents of the site have raised issues with its impact on the visual appearance of the area, highway safety, and the land being unsuitable for this kind of development.