What is an unauthorised encampment?
There are a number of authorised private and Council run caravan sites in the country however there aren’t any within East Staffordshire. 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 lay-bys. This is a breach of civil law and, in certain circumstances, may be a breach of criminal law. This Council’s approach is based on the need to uphold the law and prevent unlawful occupation of land.
What happens if the encampment is on Council land?
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. The Enforcement Team will then start proceedings to evict the travellers from this land.
What can I do if I am unwilling to allow unauthorised encampments to occur on my land?
Trespassing 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 the Enforcement Team or seeking legal advice from a solicitor.
I am content to allow unauthorised encampments 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 the Enforcement Team on 01283 508576 for guidance. Whilst unauthorised encampments 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
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. If you witness unlawful and anti-social behaviour report it to the Police. Alternatively call Crimestoppers on 0800 555111 or visit www.crimestoppers-uk.org.
Why don't the Police get involved with trespass?
Trespass is not a criminal offence in England; it is a civil matter (that is, between land occupier and trespasser). However, each unauthorised encampment is closely monitored and all circumstances surrounding the actions of those on the encampment are taken into account.
What about Gypsies or Travellers who buy their own land and set up home on that?
Anyone wanting to develop land (which includes placing a caravan on it) should get planning consent before they do it. Gypsies and Travellers are covered by that law, just like everyone else. It is not a criminal offence to develop land before getting consent, and you can make what is called a retrospective planning application, but planning authorities may serve temporary stop notices or enforcement notices or apply for court injunctions which can lead to tough penalties, including, eventually, prison. The planning department at East Staffordshire Borough Council deals with unauthorised developments.
What about the rubbish definitely or apparently left by occupants of some unauthorised encampments, or their associates?
Unauthorised encampments on the side of the road or on Council land will be visited by various agencies and every effort made to ensure all occupants and others keep the site tidy. East Staffordshire Borough Council has measures in place to deal with any fly tipping. However, data collected over recent years indicates that the majority of unauthorised encampments locations are left in a tidy condition. When fly tipping does occur, local authorities, the Police and the Environment Agency aim to make best use of existing legislation to deal with these anti-social and often expensive problems. Private landowners are responsible for the removal of waste on their land.