How one Romany gypsy succeeded in thwarting council's multi-million plan for development in Milton Keynes

Mr Nathan Wilsher was born at the Calverton Lane Travellers’ site near Stony Stratford 38 years ago and for many years has grazed his horses in a trio of adjoining fields on Two Mile Ash farm.

His father Joseph did the same before him and Mr Wilsher, one of 13 children, helped on the land from from when he was a teenager, the High Court heard.

The land is registered under the name of Milton Keynes Council and forms an important part of their plans to complete the Western expansion area of Milton Keynes.

They council has agreed a sale on the land to a developer for housing and an employment area. They sought an injunction to stop Mr Wilsher using it so building work could be started.

But the Romany counterclaimed in the High Court that he actually owned the land through “adverse possession” of himself and his father before him.

In UK law, adverse possession is the occupation of land by a person not legally entitled to it. If the possession continues unopposed for 12 years, the person can gain legal ownership.

MK Council claimed the Wilsher family had not consistently used the land for their horses. But Mr Wilsher produced witnesses, including a vet and a priest, to say horses had always been present when they visited over the decades.

The judge heard the father, Joseph Wilsher, died in February 2004 and his wake was held on the land with around 2,000 people attended a hog roast for the occasion.

There was also evidence that Mr Wilsher had built a gate at the entrance, complete with a sign saying: ‘Private Property Keep Out’ with an image of a galloping horse.

He had also built a concrete bridge over a brook running through the land.

"He recalled being present when his father did this, adding that one of his brothers was also present and had to be taken to hospital after suffering burns when raw concrete entered his boots,” said court judgement.

Judge the Hon, Mr Justice Eyre heard the case in February and has just given his written judgement.

It reads: “The Claimant (Milton Keynes Council) is the registered proprietor of Two Mile Ash Farm at Two Mile Ash in Milton Keynes having succeeded to the title of Buckinghamshire County Council. The dispute before me concerns three fields ("the Land") forming part of that farm and within the Claimant's registered title.

"The Land adjoins the Calverton Lane Travellers' Site ("the Site"). The First Defendant is a Romany Gypsy. He and his wife and children live at the Site as does his mother and as did his late father, Joseph Wilsher. The First Defendant is a small livestock farmer. He grazes horses and some sheep on the Land and has undertaken other activities on the Land.”

The judgement adds: “In 2019 the Claimant (MK Council) entered an agreement for the sale and redevelopment of the farm and a further quantity of land. The project is to provide housing and employment opportunities. The Claimant intends that the Land will be used for work facilities and will be part of a larger block comprising housing, a school, parks, allotments, and public open space.

"I accept that in bringing these proceedings the Claimant was not motivated by any ulterior motive of seeking to drive the Wilsher family from the Site and that there is a genuine intention that the Land form part of the wider redevelopment.

"The Claimant's witnesses were at pains to emphasise both the need for the development to provide for the expansion of Milton Keynes and that no threat to the First Defendant's home is intended (indeed the proposal is for the Site to remain and for the long-envisaged expansion to be completed). It became apparent that the First Defendant and his wife felt a degree of mistrust towards the Claimant and were concerned as to its intentions for their future.”

The judge ruled Milton Keynes Council’s claim for a injunction failed and Mr Wilsher’s claim for adverse possession succeeded.

He wrote: “There was evidence from a number of witnesses giving repeated recollections of the grazing of horses over the Land by the First Defendant and his father over a significant period of time. The picture which emerged was several horses being in the fields with mares and foals generally running free but with stallions being tethered and with other horses on occasion being tethered to avoid laminitis through over-grazing.”

The Citizen has asked MK Council what it plans to do now.

The options could include attempting to buy the fields back from Mr Wilsher, compulsory purchase or building the rest of the Western Expansion Area around them.

We are awaiting a response.

The WEA is the largest of the expansion areas in Milton Keynes and it covers 350ha west of V4 Watling Street, between Stony Stratford, Kiln Farm, Two Mile Ash, Crownhill and Grange Farm.

It consists of two major sites, Whitehouse and Fairfield’s, which are separated by Calverton Lane running through the middle. To include houses, community facilities and commercial buildings, it will include 6,530 dwellings and have an estimated population of 15,000 when completed, which may be by the early 2030s.

There will be ultimately be 11 children’s play areas, parks and sport pitches.