Agenda item

To consider the report of the Solicitor at the request of Councillor G Hook.

The Solicitor referred to the report circulated with the agenda and updated Members on enforcement powers that the Council has to deal with unauthorised encampments. The Council has had 17 incidents of illegal encampments since 2012.

Unauthorised encampments occur where trespassers enter and occupy land belonging to the local authority. The number of traveller caravans on authorised sites has risen from 14,498 in July 2010 to 19,071 in July 2017, a 32% increase.

The Equality Act 2010 makes it unlawful to treat someone less favourably because of a range of protected characteristics. The following of a nomadic lifestyle is lawful, and recognised and protected through legislation.

Existing powers included: application for a possession order in the County court, whereby a possession order may be secured quickly against trespassers; Section 77 Criminal Justice and public Order Act 194, which deals withpeople residing in vehicles on land forming part of a highway without the consent of the owner; Power of the police to direct unauthorised campers to leave the land where by sections 61-62 of the Criminal Justice and Public Order Act 1994 gives the police a discretionary power to direct trespassers to leave and remove any property or vehicles that they have with them should trespassers refuse to adhere to a request to leave the land; the use of certified enforcement agents, whereby all landowners have a common law right to recover land. An eviction notice giving travellers at least 24 hours’ notice to move must be served. If they fail to leave the land the Local Authority may proceed to evict them; an application of an injunction. Counsel’s advice to a neighbouring authority on the use of a blanket permanent injunction was that the Council “would be in little better position than it already is.” The Solicitor advised that Court would not consider it proportional to make either a blanket ban or an injunction for one specified area within the district, particularly when there is not a single piece of land that has seen a regular occurrence of illegal encampments.

Comments form Members included concern in relation to rubbish left at a site when travellers move on, and the effect on neighbouring residents when travellers are camping illegally.

None of the above methods of enforcement allow for the Council to deal with the clear up issues in respect of any fly tipping or litter left behind, because alongside the transient nature of the travellers, the Council has little power to establish the identity and the address of an individual in order to issue a summons for the offence of fly tipping. However, the Council does act as swiftly as possible once an illegal traveller encampment is reported to them. Whilst the public would be concerned regarding the arrival of the travellers on any council owned land, they should be reassured that the Council have no choice but to act using the powers that they have and abide by the relevant legislation.

The Interim Head of Service Delivery and Improvement advised that three transient pitched were being developed in the District in addition to the fifteen at the Haldon site. This was a Devon wide strategic issue and she was happy to report more fully at a future meeting if Members wished.

In response to a question, the Solicitor advised that travellers amounted to less than 5% of the population of Devon.

Resolved

That the report be noted.