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Unauthorised Encampments

What is an unauthorised encampment?

Unauthorised Encampments (UEs) are defined by the Government as "encampments of caravans and/or other vehicles on land without the landowner or occupier's consent and constituting trespass".

UEs fall into 2 main categories: those on land owned by local authorities (highways, schools, public parks and car-parks etc) and those on privately owned land.

 

Who is responsible for managing UEs?

Where the UE is on local authority land, the relevant Council will lead:

• Kent County Council (KCC) on highways and schools outside the Medway area, and other KCC-owned land.
• Medway Council in Medway.
• The relevant District Council on all other local authority land outside Medway.

 

On private land, it is the landowner who is primarily responsible (although the District Council and KCC will offer advice and assistance).

 

In all cases, the Police are responsible for crime-related issues.

 

What is an unauthorised development, and who manages them?

People parking caravans on their own land without planning permission are not UEs (in that they cannot trespass on their own land) - they are "Unauthorised Developments" and are always dealt with by enforcement of planning legislation by the Local Planning Authority within the relevant District Council. Kent County Council is not involved in these cases.

 

 

How can I report UEs?

All UEs should be reported to the KCC Report and Information Line - 0845 345 0210. This line should also be called for general advice, to provide us with updates and to seek general information on our management of specific encampments. Alternatively, you can report this information by e-mail - gypsy.liaison@kent.gov.uk.

 

 

What is the Council's policy on UEs?

There is a protocol for the management of unauthorised encampments on public land in Kent. All agencies may have different personnel dealing with Gypsies/Travellers. Nevertheless, Kent Police, local authorities and other public bodies work closely together, to ensure that all decisions and actions are consistent and within the law.

 

KCC deals with all UEs in the same manner whoever occupies the caravans, be they Gypsies, Travellers, builders, those on holiday or whoever.

 

If a UE involves Gypsies/Travellers, it should be noted that KCC recognises and accepts their right to live a nomadic way of life in particular its obligations under the Human Rights Act and the Race Relations Amendment Act. All members of the community, be they Gypsies/Travellers or members of the settled community, have a responsibility to show understanding and toleration of others and above all respect for the law. English law contains no right to stop on someone else's land without their consent.

 

Balanced against that, when dealing with UEs, KCC aims to ensure that all Kent residents feel they are part of an inclusive society with equal access to services and other facilities. KCC also recognises that all members of the community have the right to enjoy a quality of life that is free of harassment and offensive behaviour and is committed to using the law to tackle all forms of anti-social behaviour.

 

It is KCC's belief that everyone should be judged by how they behave not by a stereotype or single view that others may have of them generally. But, whatever the past history and tradition and however well behaved someone is, encamping on someone's land without their consent is unlawful.

 

In using their powers local authorities and the Police must consider the rights and responsibilities of everyone living in their area.

 

 

Why do some UEs occur in Kent?

There are a number of authorised private and Council run caravan sites in the county. However, the Travelling community can experience some difficulties finding an authorised place to stop and may set up an encampment on someone's land without consent including highway verges and laybys.

 

KCC is looking at long-term solutions, including the provision of well-placed Transit Sites to where UEs can be directed.

 

 

How are UEs managed on Local Authority land?

The site will be visited as a matter of urgency.

 

Checks are made on the tidiness of the site, the level of disruption to local residents/businesses and an assessment of any obstruction of highways or public rights of way, as well as any activity the Police or others may have had reported to them.

 

As a legal requirement we also take into account whether there are any humanitarian or welfare considerations.

 

If the campers are behaving and the site is being kept tidy and if other circumstances allow UEs may be tolerated for a short time in line with Government advice.

 

If there is evidence that they are not behaving, there is a presumption towards eviction.

 

If the decision is taken to evict we usually seek to negotiate a mutually acceptable deadline for unauthorised encampers to move by. This usually works and is normally quicker and less costly than taking formal legal action.

 

If that fails, there are powers that the Police and local authorities can use (see the paragraphs on "legislation"). These are subject to Human rights Act and Race Relations Act considerations, and can be challenged in Court.

 

Any attempt to move an UE without following relevant procedures may seem quicker, but it could lead to lengthy court actions, considerable cost and public criticism of the actions taken.

 

 

Do the Council or Police have a duty to move UEs on when they are on the Council's land?

If a UE is on Council land, that Council has a POWER not a DUTY to move them on and they may only evict them subject to complying with Human Rights legislation and other procedures. Failure to comply would render the Council and Police officers liable to challenge in the courts, proving potentially costly and quite probably resulting in lengthy stays for the encampers.

 

A Protocol has been agreed between all Kent Councils and the Police to maintain an acceptable and consistent approach on dealing with UEs. This includes references to Government advice that when UEs are not causing a problem they may be tolerated for a short time.

 

What if I am content to allow unauthorised encampers to remain on my land?

The Government encourages toleration of unauthorised encampments when no nuisance or anti-social behaviour is occurring. However, unauthorised encampments may be in breach of planning or other regulations.

 

In the first instance call 01304 821199 for guidance.

 

 

What can I do if I am unwilling to allow unauthorised encampments to occur on my land?

Trespass on land is a civil matter with prevention of trespass being the responsibility of the landowner. If you don't want to tolerate encampments for short periods of time you may wish to consider:

• seeking advice from either Kent County Council (via the KCC Contact Centre Report Line on 0845 345 0210) or Dover District Council;
• whether any physical steps may be taken to prevent access to your land;
• if you or your solicitor can go to a county court - http://www.courtservice.gov.uk/ and obtain an order granting you possession of your land;
• seeking advice from the Citizens Advice Bureau http://www.citizensadvice.org.uk/.

 

 

Do the Council or Police have a duty to move UEs on when they are camped on private land without the landowners permission?

If they are on private land it is primarily the landowners responsibility to deal with the issue. KCC and the relevant District Council will provide advice and help if asked to do so by the landowner. New guidance issued by the office of the Deputy Prime Minister/Home Office says that within the overall strategy for managing unauthorised camping, the local authority might consider acting more directly against encampments when requested by a private landowner. The Police will of course tackle all reports of crime (but not trespass) wherever they are reported.

 

 

Why don't the Police get involved with trespass?

Trespass is not a criminal offence; it is a civil matter. However, each UE is closely monitored and all circumstances surrounding the actions of those on the encampment are taken into account when the use of Sections 61 and 62 of the Criminal Justice and Public Order Act 1994 are being considered by the Police (see below). Once the use of this power has been activated, failure by the campers to comply with the Police instruction to leave, or if that group returns to the same land within three months, they commit another offence for which there is power of arrest.

 

 

What if a landowner is content to allow a UE to remain temporarily?

Unless the landowner has already obtained planning permission or is a farmer and the encampers are helping with fruit picking etc, the landowner could be in breach of Planning Acts and the Acts dealing with the licensing of Caravan Sites.

 

In the first instance call the KCC's Report and Information Line on 0845 345 0210 or Dover District Council (01304 821199).

 

If the landowner will not take the appropriate action to remove the encampers, what will the Council do?

If the landowner is in breach of any planning or licence requirements the local planning authority may take action against the landowner to require the removal of the caravans. Court actions would likely follow if the landowner does not comply.

 

 

What about Gypsies/Travellers that buy their own land and set up home on that?

Gypsies and Travellers need to gain planning consent for such a site just like anyone else. If they do not then the site is classed as an Unauthorised Development and the local planning authority will deal with it under the normal planning powers available to it.

 

 

What about criminal activity associated with some unauthorised encampments?

The Police will deal with crime when there is a complaint and evidence to support it.

 

In order to investigate criminal activity, written evidence from witnesses must be provided to Police and an agreement to support any subsequent prosecution.

 

The Government's policy does not allow for the toleration of anti-social or criminal behaviour. Such behaviour actually speeds up the processes of the Police and the Council in using their powers.

 

If you witness unlawful and anti-social behaviour report it to the Police. Alternatively call Crimestoppers on 0800 555111 or http://www.crimestoppers-uk.org/. Nuisance may also be reported to the District Council Environmental Health Department. Make a note of the name of the person you are talking to, any reference number you are given and the date and time of the call.

 

• You can report anti social behaviour on this website

 

What can I do if I witness anti-social or unlawful behaviour?

Nuisance can be reported to the Anti Social Behaviour Unit (01304 872220) or the Police. If it is a Police emergency phone 999. Otherwise use the main Kent Police switchboard on 01622 690690 or ring your local Police (South East Kent Police) 01304 240055, or call Crimestoppers on 0800 555 111.

 

 

What about the rubbish left by some unauthorised encampments?

Unauthorised encampments on the side of the road or on Council land will be visited by various agencies and every effort made to try and keep the site tidy.

 

Local authorities, the Police and the Environment Agency are seeking ways of using existing legislation to deal with these anti-social and often expensive problems. Private landowners are responsible for the removal of waste on their land. If in doubt, contact the Environment Agency Hotline on 0800 807060.

Whilst unauthorised encampers are obliged to keep any site tidy, private landowners are responsible for the removal of waste from their land. Certain waste requires special treatment. If in doubt, contact the Environment Agency Hotline on 0800 807060.

• You can report anti social behaviour on this website

 

 

What legislation relates to Gypsies and Travellers and the management of UEs?

The main legislation affecting Gypsies and Travellers and UEs are the Human Rights and Race Relations Acts and Sections 61, 62, 62A-E, 77 and 78 of the Criminal Justice and Public Order Act 1994. That legislation is bound by various interpretations from the courts (case law) and guidance notes from Government, which do not allow racial discrimination or tolerate anti-social or criminal behaviour.

 

 

Race equality considerations?

Race relations legislation recognises Gypsies and Travellers as specific racial groups, ie Romany Gypsies and Irish Travellers, and those other Gypsies and Travellers who are of ethnic or national origin and come within the definition of a racial group within the legislation, eg Scottish Travellers. The legislation places a duty on public authorities, including KCC, to promote race equality.

 

 

What are Sections 61/62?

Sections 61/62 is a power that the Police can use. It can be used when two or more people are trespassing on land with six or more vehicles, where they have damaged land or property, where there has been threatening/abusive/insulting behaviour used against the occupier, the family or agent and where the landowner has asked them to leave (and they have failed to do so).

 

Subject to the above, the Police may then order the encampers immediate vacation from the site. The Police will consider using their powers when there is disruption to local business, schools or hospitals; where significant damage has been caused to the property, eg forced entry; where there is evidence of arrestable offences being committed by the trespassers; or where any of the trespassers have used threatening behaviour.

 

 

What is Section 62A-E?

This is a new Police power, but it will only be useable in Kent once there are other vacant pitches available, or Transit Sites are established and available for use. It allows the Police to attend in the case of upwards of just one caravan, occupied by two people, where the landowner has asked they move from the land AND when there is an alternative pitch available for them on a suitable site within the Local Authority area.

 

 

What are Sections 77 and 78?

These are the powers used by the Council where caravans moved onto its land. Section 77 allows the Council to require the encampers to leave, although it does have a legal obligation to make humanitarian enquiries and to take account of considerations of common humanity. All decisions by public bodies must be 'proportionate' and accord with the Human Rights Act.

 

 

If the encampers fail to comply with that request and direction, the Council can apply to the Magistrates' Court under Section 78 for a Court Order requiring them to leave with their vehicles. If granted and the encampers still do not move, it authorises council officers to enter the land and remove the property (caravans/cars etc) to a safe place.

 

Contact

Tel: 01304 872324

Email: legal@dover.gov.uk