Agenda item

To consider the report of the Head of Scrutiny and Member Development providing a summary of the legal powers available to and the legal obligations placed on the Council when responding to unauthorised encampment of Gypsies and Travellers on Council owned land.

A report of the Head of Scrutiny and Member Development gave details of the Board’s request at the last meeting to review the enforcement process which is applied to unauthorised encampments by Gypsies and Travellers.

The Scrutiny Board considered a report of the Head of Housing Support which summarised the legal powers available to and the legal obligations placed on the Council when responding to unauthorised encampments of Gypsies and Travellers on Council owned and non-Council owned land.

The following representatives attended the meeting:

-  Councillor Peter Gruen, Executive Board Member (Neighbourhoods, Planning and Support Services)

-  Liz Cook, Chief Housing Officer

-  Rob McCartney, Head of Housing Support

-  Karen Blackmore, Team Leader, General Litigation Team.

In consideration of this report, a number of issues were identified and discussed which included the:

·  2011 Scrutiny Inquiry Report into site provision in Leeds for Gypsies and Travellers.

·  Guidance on Managing Unauthorised Camping issued by the then Office of the Deputy Prime Minister which sets out an obligation for local authorities to make ‘welfare enquiries’ into the circumstances of the people trespassing on Council land.

·  Substantial reduction in the number of unauthorised encampments by Gypsies and Travellers in the city since April 2011and a consequential reduction in legal and clean-up costs.

·  Reduction in unauthorised encampments which have been achieved by maintaining the long standing practice of recovering possession, looking at further opportunities (such as injunctions) within the legal framework and complementing enforcement action with a strategy of toleration.

·  12 Leeds based Gypsies and Travellers and the decision in 2012 to commit to that group and tolerate them to stay on 2 parcels of public land in Bath Road, Holbeck and a former school site at Primrose Hill, Lincoln Green over an 8 month period. It was reported that none of these Gypsies and Travellers were currently trespassing in the city. Some of these families had been rehoused and others are staying with families on the Cottingley Springs site.

·  Continued policy of not tolerating trespass by non-Leeds based Gypsies and Travellers in the city.

·  Request for an update on the 12 additional pitches to be provided at Cottingley Springs.  It was reported that a planning application was due to be submitted within the next week to proceed with the scheme and it was hoped that the additional pitches would be completed by mid-summer 2014.

·  Concern that ward members in Horsforth had not been notified of Gypsies and Travellers trespassing on land adjacent to the ring road on the boundary with Horsforth, but actually in the Kirkstall Ward. It was acknowledged that where trespassing was occurring on or near to ward boundaries all relevant ward members should be informed of the trespass and provided with information so they could advise their constituents of the action being taken.

·  Concern at the provision of skips and toilets to unauthorised encampments on Council owned land. It was stated that provision of these facilities was a balance between meeting the Council’s service and social responsibilities and reducing the environmental impact on local communities and subsequent clean-up costs.

·  Clarification as to whether assistance was offered to private land owners where illegal encampments took place. It was reported that assistance could be given but considered on a case by case basis.

·  Clarification regarding Cottingley Springs as to the tenancy agreements they had and residents views as to the proposals for Leeds based Gypsies and Travellers moving to this site in 2014.  It was reported that residents at Cottingley Springs had almost the same tenancy agreements as Council house tenants with the ultimate sanction being eviction.  The development and management of Cottingley Springs is undertaken like any other Council estate.  It was stated that in general Cottingley Springs residents were supportive of the approach being taken.

·  Concern that despite the extension of Cottingley Springs all pitches would be allocated for Leeds based Gypsies and Travellers and there would continue to be a need for temporary pitches for Gypsies and Travellers passing through Leeds and the challenges that would inevitably arise.

·  Education provision for Gypsies and Travellers in Leeds, particularly for females.

·  Securing injunctions covering parcels of land in Burley, Armley and Wortley, against named Travellers and the difficulties that arise with their enforcement.  It was stated that there were efforts being made to press the boundaries for injunctions that applied to areas of land and not named Travellers but this would require changes to current legislation. 

RESOLVED –

(i)  That the reports be noted.

(ii)  That a further update be provided to this Board in 2014 before the Cottingley Springs extension is completed.

(Councillor P Grahame attended the meeting at 10.25am during consideration of this item)