The recent encampments on the former Golf Course land and Great Denham Country Park have caused unnecessary disruption and concern to many residents. As residents of Great Denham, the Parish Council has also been affected by this.
There have been a number of questions raised on social media over the actions taken to remove the encampments, where responsibility lies, and the role played by the Parish Council in this.
Powers to take action sit with either the landowner, the Local Authority (in this case Bedford Borough Council) or the Police. For clarity, the landowners are:
- Former Golf Course Land – Old Ford End Trust (managing agent Bidwells Ltd)
- Great Denham Country Park – Bedford Borough Council
With the exception of Great Denham Community Hall, no land in the parish is owned by the Parish Council. The Parish Council is reliant on action being taken by landowners and Police, and has been in daily contact with these parties to get action taken on behalf of residents: our Ward Councillor has also done the same. This includes not only putting pressure to get action taken to remove the encampment, but also to address the noise and anti social behaviour, the fly tipping and rubbish dumped on both areas of land. We would also like to thank those residents who reported any incidents to the Police.
Responsibility for clean up and securing the land now the encampment has left also sits with the landowner. The Parish Council and Ward Councillor will continue to keep pressure on getting this completed and will be asking for updates on progress from both landowners.
The Parish Council is very sad to read the many comments on social media about these encampments; whilst we recognise the frustration that has driven many of the comments, we would remind everyone of the need to remain respectful please.
In Summary:
Common law powers
- can only be used by the landowner;
- are used to regain possession of land;
- does not require the involvement of the courts;
- enforced by the landowner and/or private bailiffs where necessary;
- does not provide any sanctions offence for the return of trespassers onto land.
Part 55 Civil Procedures Rules
- can only be used by the landowner;
- are used to regain possession of land;
- require civil court procedure;
- possession is enforced by county court bailiffs, where necessary;
- do not provide any sanctions for the return of trespassers onto land.
Sections 77-78 Criminal Justice and Public Order Act 1994
- can only be used by a local authority;
- can be used on any land within the local authority’s area, irrespective of ownership;
- are used to remove identified individuals from land;
- only require the involvement of the courts when unauthorised campers do not leave when directed to do so;
- possession is enforced by local authority officers or private bailiffs employed by the local authority;
- the return of unauthorised campers and/or their vehicles to the location within three months carries criminal sanctions.
Sections 61-62 Criminal Justice and Public Order Act 1994
- can only be used by the police;
- can be used on any land except the highway;
- are used to remove identified individuals and/or their vehicles from land;
- there must be two or more persons trespassing on the land before the power can be used;
- do not require the involvement of the courts;
- possession is enforced by the police;
- the return of unauthorised campers to the location within three months carries criminal sanctions.
Section 62A-E Criminal Justice and Public Order Act 1994
- can only be used where an alternative site is available;
- can only be used by the police;
- can be used on any land;
- is used to remove identified individuals and/or their vehicles from the land;
- does not require the involvement of the courts;
- possession is enforced by the police;
- the return of unauthorised campers to the local authority area within three months carries criminal sanctions.
The Office of the Deputy Prime Minister and Home Office have published a briefing on the subject of Gypsy and Traveller encampments which can be read here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7837/143582.pdf