Unauthorised encampments

Nomadic life is not illegal, and Gypsy, Roma, travellers have a basic right to this way of life. It's the aim of Elmbridge Borough Council to ensure all its residents, whether living in settled or transitory communities, are treated equally and with respect. We also recognise that this has to be balanced with the rights of the general public to enjoy private and public land.

Unauthorised encampments 

We are obliged to manage unauthorised encampments within the Borough on council owned land. It is not always possible to stop all access and from time to time unauthorised encampments are established.

Privately owned land

Where unauthorised camping takes place on private land it is the landowner's responsibility, and they must decide what action to take. Private landowners are able to progress immediately to eviction without the needs to carry out welfare checks. Public bodies are required by law to consider the human rights of groups, and to complete a welfare check before considering what steps to take.

Prevention

Elmbridge Borough Council seeks to protect all of its car parks and open spaces, however it is not possible to stop all access to council owned land and sometimes unauthorised encampments will be established.

Elmbridge Borough Council has reviewed all of its vulnerable open spaces, and in consultation with Ward Councillors have installed a range of security measures including metal posts, wooden posts, height barriers, ditches and additional planting remaining sympathetic to the urban or rural nature of the locality. Between 2014/15 and today, the Council has invested over £80,000 in further security of its land. All sites are checked regularly by our contractors and any vulnerable areas are improved, for instance extra metal plates welded to locked gates to provide extra security.

Elmbridge Borough Council and Surrey Police have agreed a protocol so that policy and clear lines of responsibility are in place. This protocol sets out the overall approach in Elmbridge.

Management of unauthorised Gypsy, Roma, Traveller (GRT) encampments

Information on criminal behaviour

If you have witnessed anti-social or criminal behaviour and are able to identify the person/persons responsible you should report this on the Police 101 non-emergency number; if it is an emergency report it on 999.

When an unauthorised encampment happens on our land, we will almost always take the lead in arranging its removal. In any event, a police supervisor will attend the scene of every unauthorised encampment when reported and conduct an initial site assessment, along with ensuring those present receive a code of conduct notice.

The duty of the police is to preserve the peace and prevent crime, they will investigate and deal with reports of criminal activity and public disorder.

Under certain circumstances the police can use powers under Sections 61 and 62 of the Criminal Justice and Public Order Act 1994, which gives them the power to remove trespassers and their vehicles.

It is for the police to decide if these powers should be used, and usually they will only be invoked where there is significant impact on the local community.  

Information on anti-social behaviour

Anti-social behaviour takes in a range of nuisances, disorder and crimes which affects people’s lives on a daily basis. The Home Office describes anti-social behaviour as, ‘any aggressive, intimidating or destructive activity that damages or destroys another person’s quality of life’.

Report anti-social behaviour associated with an unauthorised encampment.

If you wish to report crime anonymously please call Crimestoppers on 0800 555 111.

Car parking

We will focus our efforts on moving the encampment on and the legal processes that this involves, rather than trying to enforce the collection of car parking charges.

Information on reported encampments 

Wednesday 15 August - Brooklands Community Park, Weybridge

Following the unauthorised encampment at Brooklands Community Park on 14 August, the Council’s Gypsy Roma Traveller Liaison Officer has visited the  site to carry out an assessment required under the legal protocol for dealing with unauthorised encampments.

  • Today we have served them with a Notice of direction to leave by 15 August under Criminal Justice and Public Order Act 1994.

  • If they do not leave in compliance with this Notice, the Council will seek a removal order from the Magistrates Court.

  • Further updates will be made after this time.

  • Whilst each site, and encampment is different, the process usually takes  on average between 5 to 10 working days.

  • In most instances, the issues arising from the encampment for the community are minimal Surrey Police have been made aware of the encampment and will be monitoring regularly.

  • Bins have been provided to mitigate the environmental impact that may arise from the encampment.

Wednesday 15 August - Halfway Car Park, Walton-on-Thames

Following police intervention, the unauthorised encampment at Halfway car park have vacated the site last night (Tuesday 14 August).

  • A full clear up has been arranged.

  • The car park is now in operation.

Tuesday 14 August - Lower Green Recreation Ground, Esher

The unauthorised encampment at Lower Green have vacated the site.

A full clear up was arranged and the site secured at the earliest opportunity.

  • The initial litter pick of this area has been completed.

  • A further assessment is being made today around any further specialist contractors or cleaning.

  • Further metal bollards will be installed to the car park shortly.

Tuesday 14 August - Long Ditton Recreation Ground 

Following the end of the unauthorised encampment at Long Ditton Recreation Ground:

  • The initial litter pick of the recreation ground was completed first thing last Thursday by Burleys.

  • The large flytips have now been cleared by a specialist contractor with large grab lorries.

  • The play area has been cleaned and is now reopen.

  • The football pitches have been rutted and this will be assessed in the coming weeks.

  • The cricket square and outfield have been damaged and weekend games have had to be cancelled.

  • The tennis courts are open as normal.

  • The green gym is open as usual.

  • Temporary security measures have been introduced to secure and protect the site while the gate can be repaired.

Other information 

Find out about permanent Gypsy, Roma, Traveller sites in Surrey.  


Unauthorised moorings in the Borough 

The Council is aware of an increase in boats moored without permission in the Borough. Within the Public Right of Navigation there is deemed a right for boat owners to stop on land, subject to the necessary landowners consent, for a reasonable period. The Borough follows the Environment Agency’s policy that 24 hours is considered a reasonable time within normal navigation.

  • The majority of boats previously moored at Cigarette Island (opposite Hampton Court Palace) left the land prior to the hearing of 5 June 2018.

  • The one remaining large boat is currently aground, which the owner was required to remove by 23 June 2018. As this has not been removed in accordance with the undertaking the Council will be considering further action against the owner as this is now in contempt of Court.

  • The Council continues to work with the Environment Agency to find a long term solution to unauthorised moorings.

Find out about unauthorised moorings in the Borough

 

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