When looking at the powers available for enforcement on unauthorised encampments and how to use these powers, there are several important considerations to keep in mind.
Choosing the Most Appropriate Power
This isn’t an easy thing to do, but speaking to a company like ours in the earliest stages will certainly hep you move in the right direction more quickly. In a nutshell though...
...if speed is the most important thing, because the presence of the encampment is seriously disrupting the ability of the settled community to make use of facilities or to conduct their business, a welfare issue is suspected, or antisocial behaviour is a concern, then Section 61 of the CJPOA is likely to be the most appropriate power.
Speeding up the Process
This is a hard goal to achieve, because it relies largely on the provision and availability of alternative sites for the trespassers to move on to. That said, by being fully prepared with all documentation and keeping abreast of the processes, time can be saved by avoiding legal challenges and working with the courts.
Keeping Costs Down
Costs can be kept down by avoiding unnecessary expenditure such as large clean up costs and large legal costs. If managed efficiently, these two costs can be kept to a minimum, firstly by acting quickly to clean up after eviction, so as to avoid any further fly tipping, and secondly by seeking the advice available from the district or county council. Landowners are advised to ensure that they have consulted with these bodies before taking action.
Preventing Further Unauthorised Camping
To prevent further unauthorised camping, landowners and local authorities should follow the legal processes concerned with preventing re entry within three months of eviction. The police can assist with the enforcement of this. Site protection measures should also be considered, such as earth bunds, or embankments, around the site, or by introducing height restrictions to entrances.
Full Information on Enforcement Powers on Unauthorised Encampments – ‘Important Considerations’ is available at: