Q: What is an unauthorised encampment?
Q: Why do unauthorised encampments occur in Northamptonshire?
Q: How can I report unauthorised encampments?
Q: Who is responsible for managing unauthorised encampments?
Q: What is the council's policy on unauthorised encampments?
Q: What legislation relates to Gypsies and Travellers and the management of unauthorised encampments?
Q: Race equality considerations?
Q: Do the council or Police have a duty to move unauthorised encampments on when they are on the Council's land?
Q: How are unauthorised encampments managed on Local Authority land?
Q: What about criminal activity associated with some unauthorised encampments?
Q: What about the rubbish left by some unauthorised encampments?
Q: What can I do if I witness anti social or unlawful behaviour?
Q: Do the council or Police have a duty to move unauthorised encampments on when they are camped on private land without the landowner's permission?
Q: If the landowner will not take the appropriate action to remove the encampers, what will the Council do?
Q: What if a landowner is content to allow unauthorised encampments to remain temporarily?
Q: What can I do if I am unwilling to allow unauthorised encampments to occur on my land?
Q: What is an unauthorised development, and who manages them?
Q: What about Gypsies/Travellers that buy their own land and set up home on it?
Q: What is Section 61/62?
Q: What is Section 62A-E?
Q: What are Sections 77 and 78?
Q: What is an unauthorised encampment?
A: The Government defines unauthorised encampments as 'encampments of caravans and/or other vehicles on land without the landowner or occupier's consent and constituting trespass'.
Unauthorised encampments 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.
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Q: Why do unauthorised encampments occur in Northamptonshire?
A: There are a number of authorised private and council run caravans 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 lay-bys.
The Countywide Traveller Unit is looking at long-term solutions, including the provision of well-placed Transit Sites to where unauthorised encampments can be directed.
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Q: How can I report unauthorised encampments?
A: All unauthorised encampments should be reported to the Countywide Traveller Unit 01604 236236. 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 email: ctu@northampton.gov.uk
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Q: Who is responsible for managing unauthorised encampments?
A: Where the unauthorised encampment is on Local Authority land, the Countywide Traveller Unit will be responsible.
On private land, it is the landowner who is primarily responsible (although the Countywide Traveller Unit will offer advice and assistance). In all cases, the Police are responsible for crime related issues.
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Q: What is the council's policy on unauthorised encampments?
A: There is a protocol for the management of unauthorised encampments on public land in the County. Nevertheless, the Countywide Traveller Unit, Northamptonshire Police and other public bodies work closely together, to ensure that all decisions and actions are consistent and within the law.
The Countywide Traveller Unit deals with all unauthorised encampments in the same manner whoever occupies the caravans, be they Gypsies, Travellers, builders, those on holiday or whoever.
If an unauthorised encampment involves Gypsies/Travellers, it should be noted that the Countywide Traveller Unit recognises and accepts their right to live in 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 unauthorised encampments, the Countywide Traveller Unit aims to ensure that all Northamptonshire residents feel they are part of an inclusive society with equal access to services and other facilities. The Countywide Traveller Unit 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 the Countywide Traveller Unit'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.
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Q: What legislation relates to Gypsies and Travellers and the management of unauthorised encampments?
A: The main legislation affecting Gypsies and Travellers and unauthorised encampments 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.
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Q: Race equality considerations?
A: Race relations legislation recognises Gypsies and Travellers as specific racial groups, i.e. 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, e.g. Scottish Travellers. The legislation places a duty on public authorities, including Northamptonshire County Council, to promote race equality.
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Q: Do the Council or Police have a duty to move unauthorised encampments on when they are on the Council's land?
A: If an unauthorised encampment 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.
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Q: How are unauthorised encampments managed on Local Authority land?
A: 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 reported to them.
As a legal requirement any humanitarian or welfare considerations are taken into account. If the occupants are behaving in an acceptable manner and the site is being kept tidy and if the code of conduct is complied with unauthorised encampments may be tolerated for a short time in line with Government advice.
If there is evidence of anti-social behaviour, there is a presumption towards eviction.
If the decision is taken to evict we would seek to negotiate a mutually acceptable deadline for unauthorised encampers to move by. This method 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. These are subject to Human Rights Act and Race Relations Act considerations, and can be challenged in Court.
Any attempt to move an unauthorised encampment without following relevant procedures may seem quicker, but it could lead to lengthy court actions, considerable cost and public criticism of the actions taken.
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Q: What about criminal activity associated with some unauthorised encampments?
A: 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 and the Countywide Traveller Unit. Alternatively call Crime stoppers on 0800 555111 or visit the crime stoppers website . Nuisance may also be reported to the relevant District or Borough 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.
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Q: What about the rubbish left by some unauthorised encampments?
A: 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.
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Q: What can I do if I witness anti social or unlawful behaviour?
A: Nuisance can be reported to the Local Authority Environmental Health department or the Police. If it is a Police emergency phone 999. Otherwise use the main Northamptonshire Police switchboard on 03000 111 222, or call Crime stoppers on 0800 555 111.
If the behaviour is directly linked to an unauthorised encampment then the CTU must be informed.
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Q: Do the Council or Police have a duty to move unauthorised encampments on when they are camped on private land without the landowner's permission?
A: If they are on private land it is primarily the landowners responsibility to deal with the issue. The Countywide Traveller Unit will provide advice and help if asked to do so by the landowner. The Police will of course tackle all reports of crime (but not trespass) wherever they are reported.
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Q: If the landowner will not take the appropriate action to remove the encampers, what will the Council do?
A: 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.
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Q: What if a landowner is content to allow unauthorised encampments to remain temporarily?
A: 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 Countywide Traveller Unit on 01604 236236 or your local District or Borough Council.
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Q: What can I do if I am unwilling to allow unauthorised encampments to occur on my land?
A: 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 the Countywide Traveller Unit 01604 236236.
- Whether any physical steps may be taken to prevent access to your land.
- If you or your solicitor can go to a County Court and obtain an order granting you possession of your land: - www.courtservice.gov.uk
- Seeking advice from the Citizens Advice Bureau: - www.nacab.org.uk
- Employ private Bailiffs to evict the trespassers.
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Q: What is an unauthorised development, and who manages them?
A: People parking caravans on their own land without planning permission are not unauthorised encampments (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 and Borough Council. Northamptonshire County Council is not involved in these cases.
In the first instance contact the Countywide Traveller Unit on 01604 236236.
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Q: What about Gypsies/Travellers that buy their own land and set up home on it?
A: Gypsies and Travellers need to gain planning consent for such a site just like anyone else. If they do not then the site is classes as an Unauthorised Development and the local planning authority will deal with it under the normal planning powers available to it.
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Q: What is Section 61/62?
A: Section 61/62 is a power that the Police can use to remove trespassers. 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).
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Q: What is Section 62A-E?
A: This is a new Police power, but it will only be useable in Northamptonshire once there are vacant pitches available, on permanent Local Authority sites. 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 suitable site within the Local Authority area.
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Q: What are Sections 77 and 78 of the Criminal Justice and Public Order Act 1994?
A: 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 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.
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