EXCLUSIVE: MP visits Willows Green after Uttlesford Council - that failed to stop illegal traveller site there despite tip off - now collects bin bags as they remain there illegally

A COUNCIL has caused fury among residents by collecting bin bags from travellers who illegally racked up a site over a bank holiday weekend and are now living there in breach of a High Court injunction.

Dumbstruck residents of the Willows Green site near the historic village of Felstead in Essex have seen council refuse trucks collecting household waste left outside the site on Tuesdays when they do the normal collections in the hamlet.

The site was developed over the first May bank holiday and a retrospective planning application has only just been validated by Uttlesford Council on Wednesday this week.

The council served a Temporary Stop Notice against the development on 5 May and applied for and secured an interim High Court injunction on 7 May. The injunction was later made final following a further Court hearing.

It bans any further development and any occupation of the site, which means anyone who breaches it could be imprisoned for contempt of court, but so far the council has yet to seek any enforcement of the injunction in court despite being sent a raft of evidence form residents about the site being still occupied and further developed.

A resident, who did not want to be named, said: "They are living there illegally in plain site but Uttlesford Council has so far done nothing to enforce the injunction despite villagers sending in evidence each week.

"To add insult to injury the travelers, who don't pay any council tax are now getting the bins collected. It is a complete joke. The other week the bin men tried to not take it beit they were chased down by the travelers and the council ended up telling them to take it.

"The villagers are split and some are saying we should support the council even though they are not doing anything at the moment to enforce it.

"Now they are getting fed up and the MP James Cleverly (seen there today above ande below) visited the site today to meet residents to discuss what can be done."

The site has also been connected to water supplies.

A council statement on the matter said: "The injunction is contained in a High Court Order but its breach does not lead to an automatic criminal charge. A breach of the injunction has to be first be proven in court and upon sufficient proof is normally dealt with as contempt of court. Breaches require strong and reliable evidence to support an application for contempt of court.

"If someone continues work or occupation contrary to a High Court injunction, that is usually dealt with as contempt of court.

"The normal route is that the council must gather evidence of the alleged breach and make a further application to the High Court. The court decides whether contempt has occurred and what sanction is appropriate. It is not the case that police officers can immediately arrest everyone present on site.

"Unauthorised traveller encampments do not pay council tax because they are temporary and unauthorised - council tax is "a Tax" and not payment for a service."

"The local Waste Collection Authority, Uttlesford District Council, has a statutory duty under Section 45 of the Environmental Protection Act 1990 to arrange for the collection of waste. The council is entitled, under section 46 of the Act, to require residents to present their waste for collection in a specific way, such as separating materials for recycling.

"Uttlesford District Council bears the cost of collecting the waste. Essex County council, as the waste disposal authority, bears the cost of the disposal of the waste collected. The council also bears the cost of picking up fly tipping and depending on the level of fly tipping, and the level of evidence of who carried out the fly tipping it may not be appropriate or feasible to take any further action for this."

It said any allegations of fly tipping would be investigated.

It added: "Uttlesford District Council is not responsible for the water supply at this location. Affinity Water are aware of the situation, and residents can contact them directly using their online form via the Affinity Water contact page if they wish to provide comments or raise concerns."

The council has also been contacted for comment.

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