Response by Cllr Jacqi Hodgson
Unauthorised development and encampments
Q1What evidence is there of unauthorised development and encampments in your community and what issues does this raise for the local community?
There is quite a lot of unauthorised development in the Devon County Council Division of Totnes & Dartington that I represent. A lot of this is addressed by planning enforcement where residents are invited to apply for retrospective planning permission. There are at least ten unauthorised encampments. With regard to unauthorised development, this is generally only challenged where there has been a complaint raised, however illegal encampments, particularly those on roadsides have caused considerable issues for myself as a local Councillor and the parish councils in my division where housed residents have complained as they are concerned about the welfare of the temporary residents; &/or concerned about lack of facilities for domestic waste and sewage and /or sometimes are hostile, upset and occasionally feel threatened by the presence of these illegal residents and / or their dogs. Some local employers have complained that this can impact on their trade and local tourism.
Powers for dealing with unauthorised encampments
Q2 We would like to invite evidence of unauthorised encampments which have occurred in the last 2 years as follows:
- The number of instances where trespassers have occupied land without authorisation, including the location and scale of the encampment
- Whether the land in a0 required cleaning or repair once the encampment had lft, and if so what was the cost?
- C) how was each encampment encouraged to leav, how long did it take, and was the local authority able to move them on; or did the police became involved?
South Hams District Council and Devon County Council will have more accurate the information for this question than I would have. However I’m very aware that there has been a rapidly growing number of unauthorised encampments in my division which comprises 4 parishes and a market town. This falls within South Hams as the local planning authority; they calculate the number of gypsy and traveller pitches in the District as 5, Devon County Council estimates the actual number of pitches needed in this District as 80. The discrepancy is due to how the residents of these encampments are recognised, i.e. whether or not they are ‘real’ travellers. Some camps are ignored unless there is a complaint, in which case planning enforcement and sometimes evictions I’m aware of have taken up to 24 months and 6 months respectively. However some unauthorised encampments are ‘tolerated’ where they do not attract complaints.
(By the way your penultimate word in this question should be become, not became).
Streamlining the powers under which local authorities can direct unauthorised campers to leave land
Q3 Do you think that the existing powers made available to local authorities to remove unauthorised campers from land are effective
Yes as far as removing them is concerned. However the lack of recognition for some people’s preference for this lifestyle and providing properly serviced traveller halting sites is central to addressing this issue. It is certainly not an effective method of helping people (many of who are on a low income or prefer to live in a caravan) to be locally accommodated and part of the local community.
Q4 Do you think local authorities could improve their use of existing powers?
Yes by recognition for some people’s preference for this lifestyle without discriminating as to whether they are ‘recognised’ gypsy or travellers and providing properly serviced traveller halting sites to meet this growing need.
Q5 What other powers may help local authorities deal with unauthorised encampments?
National recognition of all travellers as being eligible to have their needs for sites considered eligible by LAs. The National Planning Policy Framework to include this recognition and provide advice and guidance for serviced halting sites.
Aggravated trespass
Q6 Do you consider that the current powers for police to direct trespassers to leave land are effective?
I don’t have a lot of personal experience to help me address this question, but I would caution against too many powers to prevent access to land as this can just create fear and division. Also with declining numbers of police officers there is no point in increasing their powers if they are unable to effectively and fairly enforce.
Q7 Would any new or revised powers that enable police to direct trespassers to leave land make it easier to deal with unauthorised encampments?
This depends on why and how the trespassers are being ‘dealt’ with. Generally local authorities make their enquires in an informed and thoughtful way, considering the needs of the trespassers as well as the landowners. With rising costs of housing many more people, particularly young people are struggling to afford accommodation, for them bing dealt with by a local authority with housing responsibilities means they are more likely to be assisted towards appropriate accommodation rather than simply ‘evicted’ or ‘moved on’. This can be a far more sustainable result for all concerned.
Q8 Do you consider that the Government should consider criminalising unauthorised encampments, in addition to the offence of aggravated trespass? If so how should a new offence differ, and what actions and circumstances should it apply to?
No, I consider that the legislation is place is adequate to protect landowners
Use of injunctions to protect land
Q9 What barriers are there to the greater use of injunctions by local authorities, where appropriate, and how might they be overcome?
By provision of an adequate of properly serviced halting sites that (those who can afford it) occupants pay rental for their pitch. Also changes as previous described in the NPPF to accommodate those who wish to live on the roadside.
Joint working between local authorities, communities and the police
Q10 Do you have any suggestions or examples of how local authorities, the police, the courts and communities can work together more successfully to improve community relations and address issued raised by unauthorised encampments?
Where there are Neighbourhood Plans being locally developed these can provide a useful vehicle to consider local serviced halting sites in those parishes. A district wide Traveller Forum has been found to be successful in Teignbridge where a very popular legal traveller site has since been established; this would be very helpful in bringing different stakeholders to gather in other areas too. A set up of this nature would help with the provision of appropriate sites to accommodate local needs. Pitch lists car to Housing lists could be held by Local Authorities for people to be listed to have their needs logged and support them with information about local pitches that may become available (this would of course require authorised sites to be locally available) Critical to this kind of progress is a change in the recognition by central government of all travellers; i.e. not discriminated by virtue of whether individuals qualify as a genuine gypsy or traveller as those definitions were based historically when people and families lived differently and social mobility was less frequent. Many of the current travelling community do not have these historical connections but never the less are living in a similar (if not identical) way to the recognised G&T communities.
Court Processes
Q11 Are there ways in which court processes might b modified in a proportionate way to ensure unauthorised encampments can be addressed more quickly
The best modification would be for these high handed legal processes to be rendered unnecessary by virtue of an improved system to meet local needs – including those of the travelling community (much of which I’ve already described). Many travellers who come before court would find paying legal fees and fines very difficult and make their financially challenging situation even more difficult. For some this could put them at risk of homelessness (which can add additional costs on to Local Housing Authorities) Similarly such processes can simply be an additional expensive charge on the public purse. Generally these processes only benefit the lawyers.
Interim Possession Orders
Q12 In your view, what would the advantages and disadvantages be of extending the IPO process to open land?
I consider that this could provide the opportunity for draconian powers that could lead to considerable distress and possibly infringe human rights legislation on the individual(s) concerned. As previously stated, the current interventions available to Local Authorities are more that adequate
Powers for dealing with unauthorised development
Q13 Are you aware of any specific barriers which prevent the effective use of current planning enforcement powers?
Lack of financial and officer resources in Local Authorities creates considerable time delays in my experience.
Q14 If you are aware of any specific barriers to effective enforcement, are there any resourcing or administrative arrangements that can help overcome them?
The austerity measures have led to considerable financial and subsequent staffing challenges in the last ten years. The knock on effect is considerable on all levels of public services and enforcement cases have tended to be low on the priority list, possibly because there is always the chance that they will sort themselves out over time. Additional financial resourcing of local authorities would be extremely beneficial to all their services including enforcement.
Q15 Are you aware of any specific barriers which prevent the effective use of temporary stop notices? If so do you have a view on how these barriers can be overcome?
No
Improving the efficiency of enforcement notice appeals
Q16 How do you think the existing enforcement notice appeals process can be improved or streamlined?
By providing those being challenged with realistic options to help them comply with UK law
Government Guidance
Q17 How can Government make existing guidance more effective in informing and changing behaviour?
By providing those being challenged with realistic options to help them comply with UK law.
Q18 If future guidance was issued as statuory guidance, would this help in taking action against unauthorised development and encampments?
Generally there is adequate statutory guidance (that I am aware of) that enables Local Authorities to take legal action against unauthorised development. However there os a need for future national guidance that addresses all travellers, i.e. not discriminate, by not recognising in planning the fast growing new sector of non-traditional gypsies and travellers. This would enable planning authorities to respond to unauthorised encampments in their area as evidence of need for authorised serviced halting sites. Most people don’t want to break the law, but with housing costs rising it has become more difficult for many young people and families to afford housing and they are being forced into illegal camps. For others this is a lifestyle choice, a low carbon lifestyle living lightly on the earth and closer to nature. (A low carbon lifestyle impinges far less on others and helps the UK to meet its carbon reduction targets). A wider definition of recognition would enable a more comprehensive approach to the issue of unauthorised encampments.
Planning and traveller site provision
Q19 Are there any specific barriers to the provision of more authorised permanent and transit sites? If so, is there any action that the government could take to help overcome those barriers?
The specific barriers that I am aware of are the government’s failure to include the fast growing new sector of non-traditional gypsies and travellers. If this could be addressed as a matter of urgency, it would enable all travellers to be evidenced for local needs that can be addressed by Local Authorities then able to support the provision of authorised permanent and transit sites in response to identified need. (I spoke at the public inquiry this year for the new local plan – South Hams, West Devon & Plymouth Joint Local Plan – where the Inspector expressed her regret that the discrepancy between South Hams identified need of 5 pitches compared to DCC identified need of 80 pitches could not be addressed in this local plan as the government did not recognised non Gypsy and Traveller persons living as travellers). In turn such a recognition would affect public perception of travellers and probably be more supportive of meeting local needs by supporting the provision of local authorised sites. This would help considerable in building good community relations, bonds and resilience.
Impacts on the traveller community
Q20 What impact would extending local authority, police or land owners have on children and families and other groups with protected characteristics that public authorities must, in the exercise of its functions, have due regard to under their Public Sector Equality Duty?
I would anticipate that increasing the formal powers could cause considerable distress to families and their children on the receiving end of additional new powers of enforcement. Adding distress to people living on a low income in sometimes difficult circumstances can be counterproductive and push those people into further difficulties. This could possibly infringe their human rights.
Q21 Do you expect that extending the powers referred to above would have a positive or negative impact on the health or educational outcomes of Gypsy, Roma and Traveller communities? If so, do you have any evidence to support this view, and/or suggestions for what could be done to mitigate or prevent any negative impacts?
I would anticipate that extending the powers as described would have an adverse impact on the health and wellbeing of Gypsy, Roma and Traveller communities and individuals living in this accommodation. Any extended powers should only be considered if extended provision of authorised permanent or transit sites that all persons living in temporary mobile accommodation are entitled to move to; i.e. any enforced move should be accompanied with somewhere suitable and affordable to move to.
Other Comments
Q22 Do you have any other comments to make on the issue of unauthorised development and encampments not specifically not addressed by any of the questions above.
In my experience, bigger players such as large developers (e.g. building estates of 15+ houses) are far more likely to ‘get away with unauthorised development, often quite significant changes to that for which they have planning permission, compared to that of the individual householder, or an illegal roadside dweller. Wildlife crime which I frequently report on is hardly ever responded to and wiley developers get away with shameful crimes that can have a major impact on local habitats. Planning enforcement should be fair and proportionate.
The lack of recognition of all persons living in temporary and/or mobile accommodation is central to the problem of where they can legally and safely site these homes. It is my view that this is a form of cultural discrimination and increases the hostility towards people who are living in this way. Such unrecognised persons are termed ‘Rough Sleepers’ by Local Authorites, who in fact they are travellers like the rest of the people with whom they share that lifestyle. A more comprehensive approach parallel to meeting regular housing needs of all travellers could set a nw tone for addressing this growing situation (which is also a symptom of the current housing crisis). It would be better to spent public money and public administration time on provision of authorised permanent and transit sites to meet needs, rather than spend additional funds and resources drafting, administering and enforcing draconian legislation that will only benefit the lawyers.
Consultation response proforma – your details
Q23 Your details
Surname: Hodgson
First Name: Jacqueline (Jacqi)
Title: Councillor (County, District & Town)
Address: 9, Argyle Terrace
City / Town: Totnes
Postal Code: TQ9 5JJ
Telephone No:01803 840526
Email address:jacqihodgson@gmail.com
Q24 Are the views expressed on this consultation your own personal views or an official response from an organisation you represent?
Personal View
Q25 If you are responding on behalf of an organisation, please tick the box which best describes your organisation
n/a
Cllr Jacqi Hodgson 