Site Management
3.8 Statement of Policy in Relation to Unauthorised Encampments on Land controlled and/or Owned By Cornwall Council
1. This Statement of Policy sets out the Council's approach to dealing with unauthorised Gypsy and Traveller encampments on land owned and/or controlled by the Council. An unauthorised encampment is a site on which Gypsies and Travellers camp on land they do not own and do not have permission to use. This Statement of Policy sets out the approach of Cornwall Council in dealing with unauthorised encampments on the highway or land owned and/or controlled by the Council.
2.This Statement of Policy is designed to assist Officers and Elected Members of the Council in dealing with unauthorised encampments to ensure consistency and best practice in the Councils approach. The Council, in responding to unauthorised encampments, aims to avoid conflict by acting in a reasonable manner at all times and developing understanding with Gypsies and Travellers to ensure that unauthorised encampments can be managed in an effective way taking into account the Councils statutory responsibilities.
3.This Statement of Policy seeks to achieve a balance between respecting the rights of the settled community and the rights of Gypsies and Travellers. It is acknowledged by the Council that this Statement of Policy has the potential to engage many Acts and Legislation including, The Children Act 1989, The Race Relations Act 1976, The Race Relations (Amendment) Act 2000, The Equality Act 2006 and guidance from The Councils Race and Equality Scheme, The Human Rights Act 1998 which gives effect to the Articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms. This means that all evictions and enforcement decisions made by the Council must be proportionate and it will be unlawful for the Council to act in breach of the European Convention. In this context, it is important for the Council to consider the individuals right to respect for private and family life, right to their possessions and property, right to education and right to enjoy the rights and freedoms under the Convention without discrimination on any grounds such as race, religion, national or social origin, disability, gender, age or sexual orientation or any other status when making decisions in accordance with this Statement of Policy.
4. The Council owns and manages three residential, authorised Gypsy and Traveller sites in Cornwall, Boscarn Parc, 30 pitches, Wheal Jewel, 24 pitches and Foredown, Pensilva with 10 pitches, however unauthorised encampments will arise from time to time. The Council acknowledges the important role which site provision plays in dealing with unauthorised encampments and in accordance with Government guidance a Development Plan Document is being formulated. The Council will also be identifying possible land for residential and transit sites and will, in the interim, accept and tolerate unauthorised encampments for limited periods in accordance with the ‘Code of Conduct’ in relation to unauthorised encampments on land owned or controlled by the Council.
The Council will negotiate with Gypsies and Travellers to agree a departure date beyond which eviction could result
5.In making decisions with regard to the eviction or acceptance of any particular unauthorised encampment, the relative weight given to each of the responsibilities which rest with the Council, including the ODPM Guidance on Managing Unauthorised Camping and those outlined in Department of the Environment Circular 18/94, will be taken into consideration. Circular 18/94 provides guidance to local authorities on the exercise of s77 powers, and reminds them of their other duties towards Gypsies and other Travellers in terms of education, children and homelessness legislation. Other obligations of the Council which will be taken into account include those under legislation relating to highways, public open spaces, town and country planning, crime and disorder reduction and any other legislation that is deemed to be appropriate and relevant.
6.Formal repossession procedures will normally be undertaken where the encampment occupies land owned and/or controlled by the Council and where the encampment satisfies one or more of the following criteria:
a)Creates a hazard to road users or otherwise creates a health or safety hazard;
b)Causes significant concerns and complaints to be raised by the general public by reason of its size, location, nature or duration;
c)Creates a significantly or potentially significantly adverse impact on the enjoyment, use or habitation of an immediately adjoining or nearby property, or interferes with the effective management of that property;
d)Causes, or is likely to cause, damage to the Council's land or property (or land or property controlled by the Council) or prejudices its use by the Council's employees, tenants, or occupiers;
e)Is too large for its location or is causing unacceptable impact on its environment;
f)Would for some other reason be detrimental to the public interest if allowed to remain for an extended period;
g)Where enforcement/legal action is being taken against the Council.
7.Gypsies and Travellers will not be moved unnecessarily from place to place. The following factors relating to Gypsies or Travellers occupying a site will be taken into account in dealing with unauthorised encampments:
a)requests to The Council for housing services;
b)health needs;
c)welfare needs;
d)education needs.
All Gypsies and Travellers encamped on Council owned land will be requested to cooperate with the Council in compiling a welfare, health and education needs assessment form that will inform the Council as to individual needs.
The Council may provide relevant support, e.g. Welfare, Health and Education Needs Assessment reports, as requested, to other authorities and statutory bodies and the Police in any action they may take in respect of unauthorised encampments on other public or private land. The Council may look to recoup its reasonable expenses.
8.The Council recognises that there may be circumstances that require a departure from this Statement of Policy and/or accompanying Procedure Note. The Assistant Head of Housing-Strategy & Policy, in consultation with the Portfolio-holders for Corporate Support and Housing with the relevant County Solicitor, shall be responsible for determining whether, in any individual case, such a departure is necessary. The Assistant Head of Housing-Strategy & Policy, as Chair of the Unauthorised Encampment Group, shall ensure that the reasons for any such departure are noted.
9.The Council will take note of all its relevant Council policies and procedures and any current procedures and/or protocols which have been published and/or implemented by the Devon and Cornwall Constabulary. Additionally, the Council will consider the policies and procedures of other statutory bodies that are deemed relevant in the matter of unauthorised encampments.
Review
This policy will be reviewed if:
- New legislation is published or existing legislation is updated.
- New guidance is published or existing guidance is updated.
- Research, monitoring or auditing suggests that a review may be required.
- Incident investigation suggests that a review may be required.
Version Control
Version / Author / Commernts0.1 / Phillip Eaton / Initial Draft
0.2 / Phillip Eaton / Version containing tracked changes from partners
1.0 / Phillip Eaton / Version with changes accepted
1.1 / Phillip Eaton / Version formatted to acceptable CC standards
1.2 / Philip Eaton / 2nd Draft
1.3 / Jamie Pere / Version Formatted to compliment other G&T Policies and procedures
Prepared by:
Phillip Eaton
Gypsy and Traveller Liaison Officer
Housing Strategy
30 April 2010
If you would like this information
in another format please contact:
Cornwall Council
County Hall
Treyew Road
Truro TR1 3AY
Telephone: 0300 1234 100
Email:
Gypsy and Traveller Service3.8 Unauthorised Encampments on land controlled and/ or owned by Cornwall Council Policy 1
30 April 2010 Version 1.3