Study to Identify Potential Gypsy and Traveller and Travelling Showperson Sites - Cheshire

From Cheshire East Council

The Borough Council is required to assess the need for Gypsy and Traveller and Travelling Showperson accommodation in and travelling through its area to facilitate the provision of pitches to meet any identified need.

Cheshire East Council has appointed Peter Brett Associates to undertake a thorough Gypsy and Traveller and Travelling Showpersons Site Selection study in Cheshire East. The study will take approximately 4 - 6 months to complete fully .

The Council is committed to taking a proactive approach in planning for the future provision of sites to meet the needs of this community. This site selection study to identify potential sites will provide a robust evidence base to support the Local Plan process in line with guidance provided by Central Government through Planning Policy for Traveller sites (to be read in conjunction with the National Planning Policy Framework) that requires Local Authorities to identify and maintain a 5 year supply of Gypsy and Traveller and Travelling Showperson sites to meet an identified need.

Any sites identified through this process which are taken forward will require planning permission and will be subject to further public consultation. It should be noted that if a site is shortlisted in the report it does not necessarily mean that that site will be allocated, or that planning permission will necessarily be given for the site.

A productive engagement in the site selection process for this study as well as ongoing open and transparent communication with all parties is viewed as vital to planning effectively to meet the needs of Gypsy, Travellers and Travelling Showpersons.

As part of the first stage of this study, we would like to obtain views on the Gypsy and Traveller and Travelling Showperson Site Identification Methodology (PDF, 1MB).

Additionally, there is a ‘call for sites’ process by which you can submit a site/s to be considered for Gypsy and Traveller and Travelling Showpersons uses. If you know of any potential sites then please complete and return the Call for Sites Proforma (PDF, 131KB).

Comments on the methodology and / or suggested potential sites should be sent Peter Brett Associates using the following contact details:

Sharon Jefferies
Email: sjefferies@peterbrett.com
Tel: 0117 928 1560
Address:
Peter Brett Associates
10 Queen Square
Bristol
BS1 4NT

The closing date for this consultation is 5pm Friday 2nd August 2013.
About Gypsies and Travellers

The Council is responsible for licensing all caravan sites and under the same legal provision, all gypsy and traveller sites are inspected and licensed too. These sites are known as authorised sites.

Sometimes unauthorised encampments will be established. These are discussed below.

The Race Relations Act 1976 and the Human Rights Act 1998, stipulate that Gypsies and Travellers are protected from discrimination, together with all ethnic groups who have other cultures, languages or values.

This section provides information on how the Council and other official agencies work together to balance the rights of all those involved.
Why do Gypsies/Travellers adopt a nomadic lifestyle?

Their lifestyle involves travelling the country and residing in various locations for as long as they are able, in order to earn a living. Gypsies/travellers have lived this way for generations.
If they are camped without permission, is it the Council's responsibility to move them?

No. Only if Gypsies/Travellers are camped on Council land, can the Council evict them. If Gypsies/Travellers are camped on private land, it is usually the landowner's responsibility to move them. However, the advice from the Government is that provided the Gypsies/Travellers are not causing a problem, it is possible that the site will be tolerated.
Gypsies/Travellers are camped on private land. What is the procedure for the landowner?

speak to them rationally, and try to negotiate a leaving date.
take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.

What if the landowner decides to let them stay on the land temporarily?

The landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites, unless a) the landowner has already obtained planning permission for a caravan site or b) the landowner is a farmer and the Gypsies/Travellers are helping with farming duties.
If the landowner fails to take action to remove the Gypsies/Travellers, what will the Council do?

If the landowner is in breach of any planning or licensing regulations, the Council are obliged to take proceedings against the landowner to demand the removal of the illegal encampment.

Gypsies/Travellers have been observed camping on the roadside, on parks or other Council-owned land. What can the Council do?

If the Gypsies/Travellers are causing problems they will be moved on as soon as is possible and reasonable. The Council will consider the individual circumstances involved in each case. However, in all cases the site will be visited regularly and every effort made to ensure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. Occasionally, refuse collection facilities may be provided for this purpose.
Can the Council remove Gypsies/Travellers from their land immediately?

No, the Council must adopt the following procedure:

Prove that the Gypsies/Travellers are camped on the land without consent.
Carry out a welfare assessment and take into account certain factors before they proceed to court for a possession order – these can be illness, education, employment etc.

Then decide if a tolerated period of occupation is necessary, this is not usually more than two weeks.

After this period has expired, if the travellers are still in occupation with out a valid reason then the Council will apply to the County Court for a possession order of the land.

The travellers are served with a notice and informed of the court hearing, giving them the opportunity to attend and speak to the judge stating reasons why the order should not be made.
If no representation are made the judge will make an order taking into account the that the welfare assessment has been carried out.

The court bailiffs will inform the travellers of the date they are to leave the land. If the land is not vacated the bailiffs will carry out the eviction process.
How long will it take for the Gypsies/Travellers to be removed?

This will depend on the circumstances of each individual case. The Council will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.
Can the Court refuse to grant the Council an order to move Gypsies/Travellers on?

Yes. If there is an unavoidable reason for the Gypsies/Travellers to stay on the site, or if the Court believes that the Council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies/Travellers. The Council must try to find out this information before going to Court.
What powers do the Police have with regard to Gypsies/Travellers?

The Police will visit all sites reported to them. In certain circumstances (e.g. where the Gypsies/Travellers have six or more vehicles parked on the encampment), officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder, not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.

The Police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.

The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of Trespass and the removal of trespassers are the responsibilities of the landowner and not the Police. The Police will investigate all criminal and Public Order offences.

see also: The Middlewich Guardian - Study to identify potential Travellers sites in Cheshire East