Families at an illegal Traveller camp will be made homeless this week if Angus Council chiefs agree to send in enforcers.
The local authority has struggled to solve the unauthorised occupation of land in Hillside, near Montrose, for more than 12 years.
It has been decided to send in Sheriff Officers after an attempt to raise criminal proceedings against the site operator ended at Forfar Sheriff Court.
Prosecutors dropped an attempt to convict the landowner east of The Knowe, Kinnaber Road, due to witness problems.
And councillors will be asked on Tuesday to rubber-stamp “direct action” by evicting the occupants and their children, before impounding and selling their caravans.
But the head of planning and place, Vivien Smith, has 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,” she adds.
“Any actual or alleged infringement is in accordance with the council’s legal powers under the planning Acts and is necessary in the general interest for the proper control of land use and development in Angus.”
Councillors will be asked whether they believe a new application by James Forsyth Jr would be approved via the latest Angus Local Development Plan – which officers advise would not be the case.
Ms Smith adds: “The continued siting of caravans on the site is a matter of concern for the local community.
“The matter was reported to the Procurator Fiscal and it appeared that the matter would be progressed through the courts with the party responsible for the breach of the Enforcement Notice prosecuted.
“However, the Procurator Fiscal advised that the case would not be pursued.
“Whilst the case was initially taken up by the fiscal it was subsequently dropped due to issues regarding the availability of witnesses.”
It is understood two caravans are currently at the site, with up to six having been seen previously.
Councillors will be 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 will leave for other sites in Angus such as St Christopher’s in Montrose, or Balmuirwood by Tealing.
The latter has been earmarked as having enough space.
A spokesman for Scottish equality centre PAS said Travellers should have access to private as well as public sites, such as Tealing, which would reduce the number of unauthorised sites and “ill-feeling” towards the community.
