Planning chiefs who rejected a Traveller family's appeal against being refused planning permission to retain a serviced site in a greenbelt area of Co Armagh have been ordered to reconsider the decision. A High Court judge ruled John Boswell's case should be reassessed because he was not satisfied that the suitability of any alternative accommodation had been evaluated. Mr Boswell brought Judicial Review proceedings over a site he bought at Ballyduggan near Portadown. He has been living on the site since 2004. According to legal submissions his family has 'an abiding cultural aversion to living in conventional bricks and mortar housing' but can no longer travel due to health problems.
On the site are two caravans and a mobile home with a timber shed containing kitchen facilities. It is serviced with water, electricity and a septic tank. However, the land lies within a greenbelt area designated by the Craigavon Area Plan 2010. Mr Boswell was refused planning permission for retention of the serviced site due to its location, lack of exceptional circumstances and because there were no adequate sight lines between it and a public road. This decision was upheld by the Planning Appeals Commission in December 2008, paving the way for the case to be brought to the High Court. Mr Boswell's lawyers claimed the Commission had no regard for the absence of alternative accommodation for a Traveller family in the area. On the site are two caravans and a mobile home with a timber shed containing kitchen facilities. It is serviced with water, electricity and a septic tank. However, the land lies within a greenbelt area designated by the Craigavon Area Plan 2010.
Mr Boswell was refused planning permission for retention of the serviced site due to its location, lack of exceptional circumstances and because there were no adequate sight lines between it and a public road. This decision was upheld by the Planning Appeals Commission in December 2008, paving the way for the case to be brought to the High Court. Mr Boswell's lawyers claimed the Commission had no regard for the absence of alternative accommodation for a Traveller family in the area.
The Court heard how the Housing Executive has stated that it has not been able to meet the needs of the Traveller community in Craigavon. The judge said "I have not been satisfied that the Commissioner conducted an evaluation of the suitability of alternative accommodation". While stressing that the absence of any such alternative accommodation would not necessarily entitle Mr Boswell to planning permission in an environmentally protected area Mr Justice Weatherup ruled that the matter should be remitted back to the Planning Appeals Commission so that this aspect of the appeal could be reconsidered.
Community Places' Planner Elaine Devlin said "we are delighted that our support over many years has led to this successful outcome and we will continue to advise the Boswell family until this issue is resolved".
