FOLLOWING an enforcement notice issued by East Hampshire District Council early last year on gypsies living on land east of Devil’s Lane, an appeal hearing is due to take place next week.

The enforcement notice alleged a breach of planning control occurred when the siting of caravans for residential purposes occurred without planning permission.

An application for change of use of land, previously used for grazing, to a residential caravan site for six gypsy families, each with two caravans, was made at the beginning of last year.

The applicant, a Mr F Connors, also proposed to erect six amenity buildings as well as the construction of an access road. The encroachment began early February when two caravans, generators, two diggers and a truck appeared on the land.

EHDC were notified and issued a temporary stop notice to halt further development for 28 days, taking the occupiers human rights into account.

The district council then obtained an injunction on March 13, in the High Court, prohibiting any further breaches of planning control on the land.

It was served on the occupiers and in addition, EHDC served an enforcement notice, seeking to stop all of the unauthorised occupation of the land and the removal of all caravans and associated development within 12 months, a period necessary to allow the occupants to find an alternative location.

The notice further pointed out that the available length of frontage to Devil’s Lane is insufficient to enable a satisfactory road junction, resulting in adequate visibility splays, to the detriment of highway safety and danger and inconvenience of highway users.

Mr Connors appealed against the notice on grounds that planning permission should be granted for what is alleged in the enforcement notice, or that the condition which is alleged not to have been complied with should be discharged and that the time given to comply with the notice is too short.

On Sunday, the embankment on Devil’s Lane on land bordering Charles Rix field was removed with the help of a digger by unknown workmen.

A spokesman for East Hampshire District Council said: “Enforcement officers have again been called to Devil’s Lane to inspect alleged breaches of planning regulations, including the destruction of an embankment.

“We are awaiting their report.”

A Chiltley Lane Action Group spokesman claimed the embankment was part of land belonging to a third party and that the roots of a neighbouring tree were exposed and damaged. He said: “We have just received a copy of the highways statement finally submitted on behalf of Mr Connors’ appeal, which at this late stage, now proposes an alternative location for access to the land further down Devil’s Lane. It is proposed to close off the existing access opposite the junction with Chiltley Lane.

“It is not clear how such a new access with improved sight lines can be presented or considered at this late stage without being part of a new planning application. Even if a new access from the Connors’ site onto Devils Lane can be designed to comply with statutory sight lines criteria, Devil’s Lane itself is very narrow and only suitable for one-way traffic.

“Two-way traffic is difficult given the few passing points on the long lane and certainly not for wide or long vehicles. The curve in the lane obscures sight of any vehicles approaching either from the crossroads to the south or from the railway bridge to the north.

“The overall length of Devil’s Lane is approximately 450 metres between the railway bridge and the Chiltley Lane crossroads.

“It will be important to have as many of the general public in attendance at the hearing next Wednesday, February 3, to lend support to our case and for the appeal inspector to understand the gravity of the situation, the scale of local resident concern and objection to the caravan park.”

The appeal starts at the Millennium Centre, in Canada Way, at 10am.