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Traveller in Leybourne encampment planning saga has two caravans destroyed in fire

By: Thomas Reeves treeves@thekmgroup.co.uk

Published: 12:40, 01 July 2021

Updated: 14:52, 01 July 2021

A traveller who returned from a funeral to find two of his mobile homes had been destroyed in a fire and his puppy stolen says his family is heartbroken.

Father-of-three Tommy Smith has been at the centre of a bitter planning dispute after moving onto the land, off Birling Road, Leybourne, with his family last month.

Footage of the flames on Tuesday night

But on Tuesday morning he found two of his trailers, full of keepsakes and irreplaceable photos, had been razed to the ground - something police are investigating. He says he's petrified of what might happen next and feels his family has been targeted.

Tonbridge and Malling council, however, say it is is clear the notices they have put in place have been breached and they are pursuing further legal advice on the situation.

mpu1

Mr Smith, a self-employed builder, said: "It is devastating. The kids were crying and couldn’t work out what was going on.

"On Tuesday night, none of us slept very much because we were all petrified something like that was going to happen again.

"The kids have been asking me ‘Why did someone burn our home?’

One of the two mobile homes off Birling Road, Leybourne, which went up in flames on Tuesday morning. Picture: Tommy Smith
Mr Smith returned to the scene to see the destruction which had been caused on Tuesday morning. Picture: Tommy Smith

"It feels like we have been targeted. People are shouting at my kids when they walk past.

“Now, our homes have been burnt.”

The 30-year-old moved onto the plot, which he owns, with his pregnant wife Theresa, their children and in-laws around Saturday, June 19.

The site is the subject of a pending planning application for two stables but residents complained when they started to see construction vehicles going onto the site, next to ancient woodland, as well as unauthorised caravans and mobile homes being set up.

mpu2

Last week, Tonbridge and Malling Borough Council (TMBC) issued a temporary stop notice and a planning contravention notice for the site, something locals said was still being flouted.

Sandy, the family dog, has also gone missing and Mr Smith says she was stolen

In a response shared by MP for Tonbridge and Malling Tom Tugendhat on social media yesterday, Eleanor Hoyle, director of planning, housing and environmental health for TMBC, gave an update.

She said: "It is clear from our investigations that the breaches to the temporary stop notices continue.

"We have sought further legal advice on this today and, as a result, will be progressing with prosecution action against these continued breaches immediately.

"This will be pursued through the magistrates court and it should be noted that a person is liable on conviction to an unlimited fine."

She did however point out that, if successful, this would only punish the landowner for the breaches of the enforcement notice.

To remove the development itself, separate enforcement action would be needed, which she said the council was working on.

"It is clear from our investigations that the breaches to the temporary stop notices continue..."

A formal enforcement notice, however cannot be issued until the landowner has a chance to provide evidence that no breaches have taken place. They have until July 12 to do this.

Mr Smith insists he didn't mean to upset those in the area and says his family would have been homeless, had they not moved there.

Mr Smith: “I regret upsetting residents.

"But it is our land. We are a local family and my kids go to school in the area. I understand we have angered a lot of residents but they are not treating us very well.”

At the last count, TMBC predicted a shortfall of 29 gypsy and traveller sites in the borough, up until 2022.

Mr Smith has three children - 13-year-old Caroline, Tommy Jr, six, and four-year-old Michael - while another baby is on the way.

The fire off Birling Road, Leybourne, on Tuesday morning

He added: "We had a lot of personal belongings in the caravans - pictures from when the kids were young and storage boxes of memories. It is really scary and really heart-breaking.

"That is all stuff that we can’t get back. It is really upsetting."

The family's dog, a golden white cocker spaniel puppy called Sandy, not yet one, has also gone missing. Mr Smith claims someone has contacted them to say they have her but they refuse to bring her back.

Mr Tugendhat, said: "Our community is rightly worried at what’s going on and have been in contact with Tonbridge and Malling Borough Council about the possibility that some are breaking planning law at Leybourne Chase.

"Tuesday morning's fire was very worrying and I’m grateful to Kent Fire and Rescue Service for their courage in tackling it.

One of the mobile homes which was destroyed in Leybourne this week

"TMBC are doing what they can to sort this problem as quickly as possible but they need help. Please do report any changes to planning.enforcement@tmbc.gov.uk.

"I will keep a close eye on this important issue and do what I can to help."

One fire engine was called to the scene, attending at 2.05am and leaving at 3am.

A police spokesman said: "Kent Police was called at 9.40am on Tuesday regarding a report that two caravans had been damaged by fire on land adjacent to Birling Road, Leybourne.

"Enquiries have commenced into the circumstances."

Anyone with information about the fire should call Kent Police on 01622 60411, quoting reference 29-0335.

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