Travellers face eviction from their own ground

May 29 2009 by Edwin Lawrence

TRAVELLERS who face eviction from a site they own say the decision to boot them off is racially motivated.

And they say their human rights will be breached if a council tows their caravan homes off in a week’s time.

But East Ayrshire Council denies it is discriminating against the travellers.

The McEwan family bought four acres of land near Patna just over a year ago.

And they are using the site of the former Kerse village as a home base for caravans, vehicles and horse boxes.

There have been complaints from nearby houses. And Patna Community Council is also unhappy about the use of the site.

Now East Ayrshire Council has called for the ‘removal of unauthorised caravans’ – or they will take enforcement action.

Traveller Joe McEwan said: “The council want to move us into houses in Patna and Dalmellington.

“But we’ve never lived in houses – it’s not our way of life.”

Mr McEwan, 49, is on the site with his own family, and those of his nephews George, 28, and William, 27.

He said: “We’re not going to turn the site into a scrapyard or build multi-storey flats.

“It’s just three families wanting to live in peace with their neighbours.”

Mr McEwan claimed: “We’ve been hounded all over Ayrshire for five years. And we were told the solution was to buy our own site.”

He says his family is made up of traditional travelling people, who make their living by dealing in horses.

Five of the younger generation are currently pupils at Patna Primary School.

Mr McEwan claimed: “We’re not asking for any hand-outs or any help. We bought this site with the highest bid, but the council won’t even consider a planning application from us.

“I think they’re hiding behind planning rules, and it’s really racism.”

But East Ayrshire Council says it is fully aware of its obligations to travelling people as a recognised ethnic group.

However, it also has to consider the rights of the wider community.

David Mitchell, head of legal, procurement and regulatory services, said: “The council is currently dealing with various matters concerning an unauthorised development comprising a travelling persons’ site at Kerse Square, Patna.

“The last survey of the site by council officers indicated that there are currently six caravans on site, with three family groups resident therein. It is also acknowledged by the council the site is owned by a member of the family group.

“In accordance with the council’s obligations as a planning authority, and in response to complaints from neighbouring proprietors, an enforcement notice was issued requiring the removal of the caravans from the site and the restoration of the land to its former use.

“The enforcement notice was upheld on appeal to the Scottish ministers, and the council – in light of the travellers’ continued refusal to comply with the terms of the notice – have taken the decision to proceed with direct action, should this become necessary, to secure compliance.”

Mr Mitchell admitted: “At present, there are no designated travelling persons’ sites within the East Ayrshire area, and this issue – together with the council’s wider policies in respect of the travelling community – are currently under consideration.

“Accordingly, whilst the council cannot at present offer an alternative site, suitable temporary accommodation has been identified by the council’s housing department. This offer of accommodation will continue to be open to the families, together with any support they may require should they choose to accept it.

“The council is fully aware of its obligations to the travelling community as a recognised ethnic group and is working at present with the families to ensure that their needs are being met.

“Nonetheless, the rights of the wider community, and in particular their right to enjoy peaceful and uninterrupted possession of their property, must also be taken into consideration.

“It is on this basis, following careful balancing of the all of the issues involved, that the council has taken the decision to proceed with enforcement action should this be required.

“It is hoped however that an amicable resolution with the families on site can be achieved, prior to the official date set for compliance, and every effort will continue to be made by the council in this regard.”