Councillors have rejected plans for a travellers camp in Aberdeenshire – after hearing 60 children would be living on a flooding plain.
A group of families clubbed together to buy land near St Cyrus Nature Reserve in 2013 and immediately began turning it into a halting site, despite not having planning consent.
Yesterday – nearly 18 months on – local councillors discussed the controversial plans for Esk View Park in public for the first time while considering two retrospective planning applications for the ground.
James McCallum was seeking permission for a permanent halting site of eight pitches and a recycling point, while William Docherty submitted plans for a temporary site consisting of two pitches, a toilet block and washroom.
Planning bosses recommended the plans be blocked amid major flooding concerns.
Sepa has warned just two of the 10 caravan stances would be above water if the site was to flood – which it did in 2012 and 2013 – and that it would be difficult for emergency vehicles to access it.
But yesterday the travellers’ representative Simon Rushton – who has a PhD in gypsy-traveller planning law – claimed it was not a “closed case” and that members should consider ways the concerns could be resolved, such as raising the land within the park.
Mr Rushton, who is also a chartered town planner, told members of Aberdeenshire Council’s Kincardine and Mearns area committee they had a duty to think about the “human factor” and impact rejecting the plans would have on the travelling families.
“There are 33 children living on the permanent site, and around 30 on the halting site,” he said.
“There are two people with serious health conditions that require regular attention, and two pregnant women.
“Living here on a settled basis allows the travelling community to have access to health and education facilities, and is something that should be given weight on such applications.
“There are over 60 children living on the site, and as noted in law, there is a requirement for the decision maker
(Aberdeenshire Council) to treat the best interests of children as a primary concern.”
However, councillors questioned if it would be in the best interests of the youngsters to be sent to St Cyrus Primary, which already has a limited capacity.
And for Mearns councillor Bill Howatson, the number of young people living on the site only fuelled his argument that the council could not support the application, given the flooding risk.
He acknowledged there was a “proven and established need” for travellers’ sites across Aberdeenshire, but said: “The site is on a flood plain and the position of Sepa (the Scottish Environment Protection Agency) has been clear – they have given clear advice, the site is a flood risk.
“The floods of 2012 and 2013 were not a figment of our imagination and are the stark reality of the situation there.
“Mr Rushton mentioned the best interests of the children. We, as a planning authority, cannot have any part of putting people at risk in a flood plain. It’s a no-brainer. We would be neglecting our duty if we gave this permission.”
Mr Howatson dismissed Mr Rushton’s suggestion for a deferral for a hydrological survey, and argued the matter had been “fairly and rigorously examined”.
He added: “There are clearly lessons for us all from this saga, not least how the council deploys its enforcement policy.
“There are people locally who are saying – and I don’t necessarily disagree – that this should never have happened in the first place,
but it has happened and we need to deal with it.”
North Kincardine councillor Alison Evison agreed the authority could not put lives at risk, but suggested consent could be granted if conditions were put in place to keep people safe.
She argued there were other factors to consider which came down on the side of support.
“There are caravan parks in the area that form part of the coastal landscape already,” she said.
“The site we have got here is at the edge of the coastal zone. We cannot see it from the road, you need to go down to it, and it’s not dominating the landscape.”
However, Mr Howatson’s motion to reject the applications was supported by eight votes to two.
The recommendation will now be referred to the full council for a final decision.
Mr McCallum declined to comment last night.