Councils set to gain fresh powers on Traveller sites

From Inside Housing

The government has moved closer to increasing councils’ powers to stop Gypsies and Travellers setting up camp on unauthorised land.

Local authorities could be able to move more quickly to stop illegal encampments and impose fines of up to £20,000, which could be increased to an unlimited amount.

A seven-week consultation will run until 13 February on proposals to give local authorities greater freedom to use ‘temporary stop notices’ on caravans breaching planning control.

This would revoke the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 (Statutory Instrument 2005/206), which currently restricts councils from using the temporary stop notices when caravans are a main residence.

Councils now have to wait three days for a stop notice to take action against an illegally parked Gypsy or Traveller caravan, or 28 days for an enforcement notice to come into effect, which can be costly and more difficult to enforce.

The new power means a council can demand the breach of planning control stops immediately giving it 28 days to consider what further course of action to take.

If someone does not comply with the temporary enforcement notice they can be fined up to £20,000 on a summary conviction or an unlimited fine if it goes to crown court.

There is no right of appeal against a temporary stop notice, although it may be subject to a judicial review.

The consultation states: ‘The rights of Travellers must be respected and maintained, but so also must the rights of the wider community. Local councils need adequate powers to safeguard the amenity of the area against harmful unauthorised development.

‘Strengthening local councils’ powers to use temporary stop notices would assist in supporting councils’ existing efforts in addressing such unauthorised development and help further reduce this number [of unauthorised developments].’

The consultation also notes the availability of alternative sites for caravans used as main residences should be taken into account when using temporary stop notices.

It says the number of authorised Gypsy and Travellers sites in England has increased so the proportion of caravans on authorised land in January 2012 went up to 84.8 per cent (15,900 caravans of the total of 18,750 caravans in England) from 78.7 per cent in January 2007 (16,610 caravans out of a total of 16,610).

see also Gov.uk - Greater freedom for local councils to prevent unauthorised Traveller sites