Gypsies and Travellers
| Author | William Webster |
| Pages | 615-641 |
Chapter 28
Gypsies and Travellers
INTRODUCTION
28.1 This chapter is divided into two parts:
(a) Dealing with illegal and unauthorised encampments: a summary of the powers available to local authorities, the police and landowners.
(b) Planning issues (including national planning policy).
ILLEGAL AND UNAUTHORISED ENCAMPMENTS
Introduction
28.2 Local authorities and the police have extensive powers to deal with illegal and unauthorised encampments and the nuisance which they can cause. In deciding whether to take action such bodies should always consider:
Traveller caravans: July 2017’ (as reported in the House of Commons Briefing Paper, ‘Gypsies and Travellers’, Number 08083, 8/5/2018), it was noted that there were 3,721 caravans on unauthorised sites. Of these, 2,197 caravans were on land owned by travellers and 1,524 caravans were on land not owned by travellers. The number of caravans on unauthorised sites increased by 7% from July 2016 to July 2017. However, the proportion of traveller caravans on unauthorised sites has fallen from 23% in July 2007 to 16% in July 2017. MHCLG classifies unauthorised sites as being either ‘tolerated’ or ‘not tolerated’, examples of which, in the case of the latter, are where enforcement notices have been served (including temporary stop notices), where the results of a planning appeal are pending, where an injunction has been sought or where the compliance period has been extended. According to this classification, in July 2017, 1,532 caravans were on a tolerated unauthorised site and 2,189 caravans were on a not tolerated unauthorised site.
616 Planning Law: A Practitioner’s Handbook
(a) the harm that such developments can cause to local amenities and the local environment;
(b) the potential interference with the peaceful enjoyment of neighbouring property;
(c) the need to maintain public order and safety and protect health – for example, by deterring fly-tipping and criminal damage;
(d) any harm to good community relations;
(e) that the state may enforce laws to control the use of an individual’s property where that is in accordance with the general public interest.
28.3 Any prudent authority should plan for such eventualities and, if warranted by the circumstances, should always act swiftly. Clearly local agencies should work together and, in mitigation of the risk which they face, should consider:
(a) identifying vulnerable sites;
(b) working with landowners to physically secure vulnerable sites where possible;
(c) preparing any necessary paperwork, such as applications for possession orders or injunctions, in advance;
(d) working with private landowners to inform them of their powers in relation to unauthorised encampments, including advance preparation of any necessary paperwork;
(e) developing a clear notification and decision-making process to respond to instances of unauthorised encampments;
(f) the prudence of applying for injunctions where intelligence suggests there may be a planned encampment and the site of the encampment might cause disruption to others;
(g) working to ensure that local wardens, park officers or enforcement officers are aware of who they should notify in the event of unauthorised encampments;
(h) working to ensure that local wardens or park officers are aware of the locations of unauthorised campsites or other alternatives;
(i) identifying sites where protests could be directed/permitted.
Local authority powers (including private landowners where mentioned)
Temporary stop notice
28.4 Town and Country Planning Act 1990 (TCPA 1990), section 171E stops any activity that breaches planning control for a period of 28 days. This gives the local planning authority (LPA) time to decide whether further enforcement action,
Gypsies and Travellers 617
such as issuing an enforcement notice, possibly with a stop notice, should be taken. The penalty for non-compliance is a fine of up to £20,000 on summary conviction or an unlimited fine on indictment (section 171G). New guidance states that it may be appropriate in some circumstances for an LPA to issue a temporary stop notice where the breach of planning control has occurred on land owned by a third party, including the local authority or another public authority.
Injunctions to restrain breaches of planning control, trespass and nuisance
28.5 If a local site is particularly vulnerable and intelligence suggests it is going to be targeted for unauthorised camping, causing disruption to others going about their day-to-day lives, local authorities could consider applying to the courts for a pre-emptive injunction preventing unauthorised camping or protests within a defined area (see TCPA 1990, section 187B), arising from an actual or apprehended breach of planning control. In cases of urgency, application should be made for an interim injunction. Such injunctions are common in cases involving encampments or works within Green Belts or on Green Spaces. In such cases it is open to the court to make orders against persons unknown for limited periods prohibiting the stationing of caravans and/or preventing development occurring within a given area without planning permission. It is also possible to obtain a time limited borough-wide final injunction preventing travellers from encamping on any Green Spaces or on industrial sites (see Chapter 14, ‘Injunctions restraining breaches of planning control’). The remedy of an injunction, particularly an interim injunction against persons unknown, is clearly available to a private landowner wishing to prevent or put a stop to trespass/ nuisance occurring on his land.
Licensing of caravan sites
28.6 The Caravan Sites and Control of Development Act 1960 prohibits the use of land as a caravan site unless the occupier holds a site licence issued by the local authority. A caravan site includes anywhere a caravan (including mobile or ‘park’ home) is situated and occupied for human habitation including touring sites and single sites. However, it does not include sites where caravans are kept for storage only (driveways, retailers, storage parks) or where a caravan is used as additional accommodation for an existing dwelling. Violation of licensing terms brings a £100 fine for a first offence, and a £250 fine for any subsequent offence.
Power of local authority to control use of movable dwellings
28.7 Section 269 of the Public Health Act 1936 gives the local authority powers to control the use of movable dwellings and to license the use of land as a site for
618 Planning Law: A Practitioner’s Handbook
such as a dwelling. If the land is to be used for more than 28 days in total in any calendar year, planning permission must be obtained. A site which is used for more than 42 days consecutively or 60 days in total in any consecutive 12 months, must have a site licence for the area concerned. The local authority may also decide to license tented areas on existing sites which operate within the 28-day planning allowance period. Violation of licensing terms brings a £2 fine per day.
Possession orders
28.8 A possession order under Part 55 of the Civil Procedure Rules (CPR) can be obtained by both local authorities and private landowners who require the removal of trespassers from property including land. The claim must be issued in a County Court which has jurisdiction over the affected land/property. A claim can be issued in the High Court in exceptional circumstances where there is a risk of public disturbance and harm to persons or property that requires immediate determination. Local authorities should also be prepared to advise private landowners about their rights to recover land from trespassers through the courts or using common law powers. It is also possible that local authorities may be called upon to assist other government bodies such as the Highways Agency.
28.9 The ordinary possession order may be used in relation to the use of any land and in the case of any type of squatter or trespasser. The landowner may also claim damages for trespass and costs. A possession order may be secured quickly against trespassers (a minimum of two days’ notice before a hearing can take place if the property is non-residential, or five days for residential property), but not as quickly as an interim possession order, and is not backed up by criminal sanctions, unlike the interim possession order.
Interim possession order
28.10 If trespassers have occupied premises (rather than open land), a local authority or a private landowner may also apply (under Section III of the CPR, Part 55) for an interim possession order, which is an accelerated process for regaining possession of property. Once the court has granted such an order and it has been served, trespassers who fail to leave within 24 hours of service of the order or return to the premises within the currency of the order are guilty of an offence under section 76 of the Criminal Justice...
To continue reading
Request your trial