Gypsies and Travellers
Proposed Gypsy and Traveller site at Coppenhall
In advance of any application being submitted,
the Council would like to take the opportunity to explain the
reasons why a Gypsy & Traveller site needs to be provided
and the process we have gone through to look for a suitable
site.
Accordingly, an information pack has been
prepared which sets out in more detail the Council’s legal
obligations, the planning guidance on Gypsy sites and the site
assessment work that has been undertaken. There is also an
explanantion of how the site will be managed. This information can
be found below:
- Background Planning and Site Search –
Main
Report (PDF, 56KB) and Appendix 1 -
Local Planning Policies (PDF, 60KB);
- Background Planning and Site Search –
Appendix
2 - Gypsy & Traveller Site Assessment (PDF, 216KB);
- Background Planning and Site Search –
Appendix 3 - Site
Location Plan (PDF, 1.74MB) :
Appendix 3 -1 Booth
Bed Lane Goostrey (PDF, 148KB);
Appendix 3 -2 Broad Lane
Nantwich (PDF, 80KB);
Appendix 3 -3 Hack Green
nr Nantwich (PDF, 128KB);
Appendix 3 -4 Holmshaw
Lane Haslington (PDF, 68KB);
Appendix 3 -5 Leighton
West Crewe (PDF, 160KB);
Appendix 3 -6 Maw
Green Road Crewe (PDF, 120KB);
Appendix 3 -7
Middlewich Road Walleys Green (PDF, 104KB);
Appendix 3 -8
Moss End Farm / Nursery Road Alsager (PDF,
104KB);
Appendix 3 -9 Parkers Road Crewe
(PDF, 116KB);
Appendix 3 -10 Pyms Lane
Crewe (PDF, 92KB);
Appendix 3 -11
Saxon Cross Motel Site Sandbach (PDF, 80KB);
- Site
Management (PDF, 52KB);
- Gypsy & Traveller Practices
and Culture (“Myth Buster”) (PDF, 80KB).
If planning permision is obtained, the Council
intends to work with partners to secure the development of the site
as a permanent residential base for up to ten families.
Cheshire East is not alone in considering this
issue; many of our immediate neighbours have also published
proposals to make managed provision for Gypsy & Traveller
sites. In addition the Council is also committed to identifying a
transit site for Gypsies & Travellers in the north of the
Borough.
If you would like to contact us, either to register your
support or objection to the proposals, please do so by using the
following email address: Gypsies-Travellers@cheshireeast.gov.uk
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.
Gypsies/Travellers are camped without the landowner's
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 the appropriate 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.
