A SIX-YEAR row between the occupants of a small gypsy pitch and Barnsley Council planners who refused permission due to its positioning in the green belt has finally been decided by a government body.

The Planning Inspectorate overturned the local authority’s rejection following an appeal which was submitted by Christian Smith and Alice Doran, who live at the site on the outskirts of Worsbrough Village with their children.

First raised as far back as 2019, the family’s been embroiled in a dispute with the council, which has seen enforcement notices issued.

They last refused their bid to stay in October, which sparked the appeal process, having previously had temporary permission to stay.

However, the Chronicle can reveal that a three-year stay of execution has been granted to the family after the Planning Inspectorate ruled in their favour.

Alison Heine, who acted on the family’s behalf at the hearing, said: “The council has been aware of a need for a pitch for the applicants since April 2019.

“At no point since the first enforcement notice was issued in 2020 has the council been able to offer or suggest any suitable alternative site for this family where they can live in their caravans in accordance with their traditional way of life.

“The site has been constructed to a high standard - it is small scale and discretely located within woodland.

“Existing landscaping has matured and has become more established.

“This has helped compensate for the loss of trees and shrubs on the adjoining land with Hall Close where land was being cleared during the last site visit.

“As previously, little can be seen of the site from the road outside the site and it is now less is visible from Worsbrough Hall.

“It indicates that there is a pressing need for more small, privately-owned pitches in Barnsley.

“In short I am of the opinion the council has fallen short of the expected standards I would expect from a local authority in respect of this site both in terms of enforcement action taken, the failure to reply to or even acknowledge my emails, and the failure and indeed apparent unwillingness to determine the conditions application for the last appeal decision.”

The family sought permanent permission originally but it was decided that three years was sufficient, meaning the matter will be discussed again when the period lapses.

Inspector Darren Hendley’s report added: “In the period leading up to the expiry of the previous permission, the appellants submitted the application to the council which is the subject of this appeal.

“This sought permission on a permanent basis through the removal of the conditions that concerned the personal, temporary occupation and site restoration arrangements.

“The council however disagreed with this position and refused the application on grounds related to the green belt, heritage assets, trees that are the subject of a tree preservation order (TPO) and biodiversity.

“They did not agree there were sufficient grounds to outweigh the harm, in particular due to what it considered was a lack of evidence why suitable accommodation had not been found in the period up to the expiry of the previous permission.

“The site is located within an area of woodland, with the attractive Worsbrough Village located a short distance away.

“It is within the green belt and it also partially lies within the Worsbrough conservation area.

“Beyond a small area of trees and Hall Close to the west are the Grade II-listed Worsbrough Hall and Worsbrough Hall flats.

“While the appellants would prefer a five-year permission, if it was not to be permanent, a three-year permission would be appropriate in these circumstances.

“There is an outstanding need and lack of supply of gypsy and traveller pitches for the appellants and their dependants to occupy, and there is a strong degree of doubt over whether there is a five-year supply of deliverable sites.

“The personal circumstances centre on the need for a settled base for the appellants and their dependants.

“Facing potential homelessness would clearly be highly unsatisfactory, especially as there would be children involved and it would make their education uncertain.

“Therefore the appeal should be allowed, subject to conditions.”