There are no authorised gypsy sites in the district managed by the Council and unauthorised incursions do arise from time to time in the area. The Government recognises that there is a serious problem nationally with gypsies and travellers, the crux of the problem being that there are not enough authorised sites.

The Government is tackling the problem in two ways. Firstly by ensuring adequate site provision is made within local authority development plans and secondly by increasing the enforcement powers available to deal with unauthorised developments and encampments.

If you have any enquiries relating to planning issues, proposed gypsy site developments or the Council's Development Plan please contact Planning Services .

Unauthorised Gypsy/Traveller Incursions

The Essex County Council/Tendring District Council/Essex Police Joint Protocol for Managing Unauthorised Encampments provides for the County Council through its Gypsy Liaison Officer (GLO) to take the lead role when dealing with unauthorised encampments either on Council or privately owned land.

The GLO will normally visit a site within 24 hours and make an assessment as to whether the group is in compliance with the "Code for Gypsy/Travellers in Essex". The Code which has been adopted throughout the County, prescribes acceptable standards of behaviour for travellers. If gypsies/travellers comply with the Code they can remain on local authority land for up to 28 days provided that the group is relatively small with no more than 3 or 4 caravans and is not in a sensitive location.

If travellers are sited on Council owned land and fail to adhere to the Code the GLO will carry out an assessment relating to the health, social care and education needs of the group and consider any implications under the Human Rights Act. In such cases, if the land concerned is owned by the County Council the County Council will instigate proceedings through the County Court for repossession. If the land is owned by this Council, our own Legal Services will instigate similar action for repossession. The process takes around 10 days to secure possession of the land concerned although delays may occur for example if there are medical reasons for letting gypsies remain on the unauthorised site.

Where the incursion occurs on privately owned land the onus is on the landowner to secure eviction although the GLO will advise and assist in this matter.

Special arrangements and contingency plans are in place in the event of a large scale gypsy encampment in the district.

The Government recognises problems associated with unauthorised encampments and is addressing inadequate site provision from both a housing and planning perspective. When local authorities review the housing needs in their district they will need to assess the accommodation needs of gypsy/travellers residing in or resorting to their district. Authorities are also required to identify and make specific provision in development plans for gypsy/traveller accommodation requirements.

In districts where a gypsy site is available, the Police have powers to direct gypsy/travellers to leave unauthorised sites without the need for using the above County Court possession procedure.

The Anti-Social Behaviour Act 2003 introduced stronger powers for the Police to tackle unauthorised encampments, linked to the availability of pitches on local authority sites. The lack of available pitches locally has meant that this power has not been used, creating problems for the Police where enforcement is relied on as a solution without the authorised sites for Gypsies and Travellers to move onto. A lack of authorised sites also makes planning enforcement difficult.

In conclusion, the County's GLO takes the lead when dealing with unauthorised incursions. When it is considered necessary for gypsy/travellers to be evicted it is the responsibility of the landowner concerned to secure eviction not Tendring District Council unless the land concerned is in this Councils ownership. In reality it takes some 7 to 10 working days to secure eviction, dependent upon the assessment by the GLO.

If you would like further information/clarification concerning the above or wish to report or receive an update regarding an unauthorised incursion please contact:

Chris Smetherham-James, Environmental Services, Council Offices Weeley
Telephone No: 01255 686739
Email: csmetherham-james@tendringdc.gov.uk

Contact details for other officers referred to above are as follows:

Tendring District Council

Legal Services, Westleigh House, Carnarvon Road, Clacton
Tel: 01255 686563
Email: mgibson-davies@tendringdc.go.uk

Essex County Council

Adam Bradley, Assistant Gypsy/Travellers Service Manager, Waste, Recycling and Environment,
County Hall, Chelmsford, Essex CM1 1QH
Tel: 01245 437757
Fax: 01245 437213
Email: adam.bradley@essexcc.gov.uk

Essex Police

Duty Officer, Police Station, 8 Beatrice Road, Clacton on Sea,
Essex CO15 1ET
Tel: 0300 333 4444

Some advice will vary from authority to authority so it is advisable to contact your own local authority. To find out who your local authority is, you can check your Council Tax bill or enter your postcode on the DirectGov - the Government information website www.direct.gov.uk