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Council back at the gates of Hillside Traveller encampment

A site in Kinnaber Road, Hillside has been at the centre of a lengthy planning wrangle.
A site in Kinnaber Road, Hillside has been at the centre of a lengthy planning wrangle.

Angus Travellers have lost a dramatic 11th-hour court bid to live in an illegal encampment at the centre of a 12-year planning battle.

Families near Hillside have been made homeless following the failure of legal moves to stave off Sheriff Officers appointed by Angus Council.

The local authority has struggled to solve the unauthorised occupation of land to the east of the village, near Montrose, since 2006.

Bailiffs were sent to Kinnaber Road after an attempt to raise criminal proceedings against the site operator ended at Forfar Sheriff Court.

An interdict order was attempted at the court the day before the law men were due to tow up to six caravans away.

A council committee has now heard the attempt was refused by a sheriff, and direct action will be followed up “as soon as possible”.

Council planning chief Kate Cowey gave an enforcement update to the committee that “removal has been arranged to take place as soon as possible.”

She said: “Notices were served on the owners and occupiers of the site on June 5 setting out that we would remove all the caravans on Tuesday June 13.

“We were made aware on the afternoon of Monday June 12 that an interim interdict was sought by the owner, on the basis that four years had elapsed since the serving of the enforcement notice in 2013.

“There was a hearing at 9.30am on the Tuesday but the sheriff needed further time to consider the interdict and we couldn’t take the direct action that day.”

The council’s former head of planning and place warned there may be “implications” under human rights legislation relating to the “free enjoyment of their possessions” and “interference with home or family life”, and the council may not recoup its financial outlay to evict the Travellers.

“It is considered that any such actual or potential infringement of such Convention rights is justified,” Vivien Smith added.

Councillors were told direct action has been “delayed” due to the lack of Sheriff Officers willing to execute the order, and the availability of storage for the caravans.

It is hoped any affected families would leave for other sites in Angus such as St Christopher’s in Montrose, or Balmuirwood by Tealing.

Several of the permanent caravans had already moved on by Tuesday.