Advice for Travellers and Landowners

Travellers

Code of Practice

If you are a Gypsy or Traveller in South Cambridgeshire, are part of a small group and comply with this code, you may be allowed to remain on local authority owned land for a period of up to 28 days If you are part of a larger encampment you will need to split into smaller groups. If this does not happen, or if any of the factors listed in this code are not met action may be taken either by the Police or the Local Authority, to move the group on. This Code applies to all land in Local Authority (South Cambs) ownership. Private landowners may instigate their own eviction action.

What the Code means

1. This Code only applies to Gypsies/Travellers i.e. persons who travel for the purpose of seeking their livelihood.

2. The stay on land depends on your co-operation

  • keep groups small. Three caravans will normally be acceptable
  • space yourselves out, park away from other groups
  • look after the land you park on and don't cause problems for nearby residents
  • do not dump or burn rubbish
  • ensure your behaviour to other people is acceptable
  • put rubbish in the black bags supplied by the Council who will arrange a weekly collection
  • park vehicles safely and keep animals under control
  • only park on land not needed for another purpose
  • once the agreed period of occupation has run out the site must be vacated and not reoccupied for three months

3. Follow this advice and in most cases South Cambs will not pursue an immediate order for the eviction of small groups.

4. South Cambs will consider your welfare and social needs

Download the Code of Practice leaflet

Landowners

There are a number of groups of people who travel the country, staying for various periods in different areas for family reasons and to earn a living. In most cases, it has been their way of life for generations.


myland

If Gypsies or Travellers camp on my land what can I do?

  • Talk to them or ask the councils liaison officers to do so.
  • Your solicitor can go to the County Court and get a Court Order which says the land belongs to you and they have to leave.
  • The Local Council may help by applying for a Magistrates Court Order. Before they can do this they must make enquiries about the health and welfare of Gypsies or Travellers on your land. The grant of an Order will depend on there being no unavoidable reasons for the Gypsies or Travellers to stay on the land.

Download the Guidance for Landowners leaflet

landowner

Does the Council have a duty to move Gypsies or Travellers when they are camped without the landowner's permission?

No. Councils may move Gypsies or Travellers on but it will depend on whether they are camped on public or private land and whether or not they are causing a problem.

stay

What if I decide to let them stay on my land?

You could be in breach of the Planning Acts, unless you have already obtained planning permission for a caravan site or you are a farmer and they are helping you with jobs like fruit picking or harvesting.

council

I have seen Gypsies or Travellers camping on the side of the road and sometimes on parks or other Council-owned land - what can the Council do in these cases?

The Government have asked Councils to tolerate these sites unless they are causing a problem. If Gypsies or Travellers are causing problems the Local Authority who owns the land in question will move them on as soon as is reasonable. Each case will be considered on its merits. Any reports of problems relating to waste or public health will be investigated promptly.

force

If the Council wants to, can it force Gypsies or Travellers off a site immediately?

No. The Council must:

  • Be able to show that the Gypsies or Travellers are on land without consent
  • Make enquiries about the general health and welfare of the Gypsies or Travellers
  • Serve an official Notice asking the Gypsies or Travellers to leave the site.

notice

If the Gypsies or Travellers refuse to move when the Council have served the notice, the Council must then

  • Go to the Magistrates Court to obtain a summons
  • Serve the summons on the Gypsies or Travellers
  • Appear before the Magistrates and ask for an order permitting the Council to move the Gypsies or Travellers.


If the Magistrates grant an order, the Gypsies or Travellers will then have to leave the site.

order

Can the Magistrate refuse to grant the Order to move the Gypsies or Travellers on?

Yes. They can refuse if there is an unavoidable reason for the Gypsies or Travellers to stay on the site. The Council tries to find out this information before it goes to Court.

stop

I own land, what can I do to stop Gypsies and Travellers camping on it?

Gypsies or Travellers need to pull caravans onto a site where they intend to stay. You can make it difficult for them to do this by

  • Ploughing the land so vehicles sink in
  • Digging ditches and/or making earth embankments
  • Using barriers to make the entrance to the land narrower or less high
  • Placing securely locked gates across the entrance
  • Using the land for some purpose that makes it unsuitable to live on.


police

What can the Police do?

In certain exceptional circumstances the Senior Police Officer present has the discretion to order trespassers to leave land. If the trespassers then fail to leave in a reasonable time they may be liable to arrest and prosecution. However, the Police must first be satisfied that the landowner has taken all reasonable steps to get the trespassers to leave.

duty

Do the Police have a duty to do anything to help?

The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not an offence. The responsibility for preventing trespass lies with the landowner, not the Police. But the Police will investigate all criminal and Public Order offences.

human

Human Rights

National and European Courts have required Local Authorities to give proper regard to the health and welfare of Travellers and their children. The Race Relations ( Amendment ) Act 2000 requires Public Authorities to have regard to the need to eliminate unlawful discrimination and promote equality of opportunity and good relations between different racial groups. This includes Gypsies and Irish Travellers. The Human Rights Act 1998 reinforces the need for Local Authorities to take account of the circumstances of each and every Gypsy and Traveller group and consider 'needs of common humanity'.