Council applies for injunction to tackle illegal encampments
Test Valley Borough Council has today issued an application to the High Court for an injunction order to prohibit the setup of unauthorised encampments, following a spate of incidents last summer.
If the council’s application is successful, the injunction should it make it easier to disperse, and potentially prosecute encampments that set up on particular areas of land.
The council is also asking the court to attach a power of arrest to any order made, which, if granted, would mean that those moving onto land, or setting up camp in breach of the order can be arrested by the police and taken to court.
The authority has spent months working on the application, gathering evidence and studying cases in other parts of the country.
They have asked for the application to be heard as soon as possible and it is currently expected that the High Court will make a decision in July.
Leader of Test Valley Borough Council, Phil North, said: “I’ve been very clear that we can’t have a repeat of last summer with travellers breaking onto land, causing anti-social behaviour, fly-tipping waste and leaving behind human excrement. We are, therefore, doing everything we can to limit that abhorrent behaviour by seeking an injunction, which, if successful, will give greater strength to our elbow in getting rid of unauthorised encampments much more quickly. In other areas of the country, injunctions have also worked as a successful deterrent.”
“I am immensely grateful for the hard work of Test Valley’s legal service in putting together the painstaking pieces of this application. The case involving the London Borough of Bromley back in January significantly tightened the criteria in which the court will grant such orders, so we’ve been working hard to compile further evidence to ensure that it is as comprehensive and sound as possible. It is now up to the court whether they grant the injunction or not.”
As well as seeking to prohibit encampments, the application also covers any stationing caravans or mobile homes set up without the permission of the landowner, and those who deposit controlled waste in the defined areas. The council has asked for the injunction to apply to new individuals targeting the area, as well as named individuals who have targeted parts of the borough previously.