Unauthorised Encampments Memorandum of Understanding

2.1 A UAE is defined as a group of people who are trespassing on land with the intention of residing there without the owner’s consent. Historically, UAEs have been considered to involve the use of vehicles and caravans, however there is a growing number of encampments related to homelessness or protests where vehicles are not necessarily involved.

2.2 Importantly, UAEs do not include encampments where no trespass has occurred (for example where the landowner has given consent). Such incidences may be unauthorised developments requiring planning permission, and should be referred to the Planning Authority to consider the expediency of enforcement action under provisions of the Town and Country Planning Act 1990.

2.3 The powers available for dealing with UAEs are as follows:

2.4 The primary responsibility for dealing with a UAE rests with the landowner, whether that is the local authority or a private land owner. Landowners are also responsible for clearing fly-tipped waste from land in their possession.

2.5 Landowners have common law powers which allow them to evict trespassers from land (using no more force than is reasonably necessary), seek damages for the trespass and/or seek an injunction to prevent the trespass from occurring again. Private Bailiffs may be used to carry out the eviction.

2.6 Where a landowner is considering using common law rights, he/she is advised to notify the police of his/her intentions so that police officers can be present to prevent any breach of the peace. In some circumstances, the police may advise that an eviction should be delayed until it is safe to continue.

2.7 Landowners are also able to obtain a Possession Order or Interim Possession Order from the County Court under Part 55 of the Civil Procedures Rules.

2.8 Where a UAE includes people residing in vehicles (and/or caravans), the local authority has the power to direct people to leave land under Section 77 of the Criminal Justice and Public Order Act 1994 (CJPOA). If the direction notice is not complied with, the local authority can apply to the magistrate’s court for an order requiring the removal of the encampment under Section 78 of the CJPOA. Once a court order has been issued, the local authority may evict the campers using reasonable force. It must be noted that the primary objective of this process is to manage the welfare of those present at the encampment. Should no welfare concerns be identified, enforcement action is taken as a secondary procedure to remove the encampment from Council owned land.

2.9 Sections 77 and 78 of the CJPOA do not apply to campers who are not residing in vehicles (i.e. those sleeping under canvas).

2.10 Where an encampment occurs for longer than 28 days or there is no trespass (for example where there is consent from the landowner), or where CJPOA powers are not applicable, the encampment may be considered to be an unauthorised development that requires planning permission. In such circumstances, Buckinghamshire Council, as Planning Authority may consider the use of its powers under the Town and Country Planning Act 1990, including the service of a temporary stop notice (TSN) and/or an enforcement notice (EN) with or without a stop notice.

2.11 Alternatively, it may be appropriate to apply to the court for a prohibitive injunction under S.222 of the Local Government Act 1972 or S.187B of the Town and Country Planning Act 1990.

2.12 It may also be the case that such sites require licensing either as a caravan site (under The Caravan and Control of Development Act 1960) or as a tent site (under Section 269 of the Public Health Act 1936). The Council is able to consider the use of fines where a violation of licensing terms has occurred.

2.13 Local authorities are responsible for clearing waste from public land, including the highway. The Environment Agency should be contacted where fly-tipping incidences are linked to criminal business activity or organised waste crime. Local authorities share the power to seize vehicles involved in waste crime as set out in paragraph 2.17 below.

2.17 The Environment Agency is responsible for investigating and taking action against incidences of organised waste crime. The Agency also has the power under the Control of Pollution (Amendment) Act 1989, The Environmental Protection Act 1990 and the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 to instantly seize a vehicle and its contents where it is suspected of being involved in the commission of a waste related offence.