Decision details

To record the decision of GARY FIELDING to take enforcement action under the Criminal Justice and Public Order Act 1994 in accordance with his delegated powers contained within the Council’s Constitution.

Up to twelve caravans have been occupying a number of parking spaces within Filey Road Park and Ride site from around 7th March 2023.

On 7th March 2023 the Authority received correspondence from colleagues in Scarborough Borough Council that an unauthorised encampment has been set up on Filey Road Park and Ride site. An initial site check was carried out by the enforcement team at CEA Limited which established that twelve caravans were on site. The initial site form was completed on 13th March 2023.

The families indicated that they were intending to move off site on or before 19th March 2023. Unfortunately, the site was not vacated by their suggested deadline. Subsequently, in-line with the Authority’s Policy, Welfare Assessments have been conducted. This established that no welfare needs were present on site.

A further site visit was conducted on 23rd March 2023 and the families present on site had started leaving. A total of seven Caravans were on site when CEA Limited arrived on site, but three moved off while the enforcement agents were present. It is understood that there are four caravans remaining on site. It is claimed that they plan to move off site on or before 26th March 2023. This appears to be genuine given that other occupiers have already moved off site, however, in order to take action if this deadline is missed, the Authority must serve a S77 notice before court action can be taken.

The Filey Road Park and Ride site is due to become operational from 1st April 2023. If the occupiers leave site on their deadline of 26th March 2023 then it is feasible that there is sufficient time to mobilise site to meet the service requirement.

If the deadline is missed it is essential that notice is served to ensure the action can be taken to evict the occupiers to ensure the Park and Ride service can be operational on time.

The Council has a power under s77 Criminal Justice and Public Order Act 1994 to give a direction to leave land to people residing in vehicles, including caravans on land forming part of a highway, other unoccupied land or occupied land on which there are residing without the occupier’s consent.

The Council may give a direction that those persons and any others with them are to leave the land and remove the vehicles and any other property they have with them on the land.

If a person knowing that a direction under s77(1) has been given which applies to him –

(a) Fails, as soon as practicable, to leave the land or remove from the land any vehicle or other property which is the subject of the direction, or

(b) Having removed any such vehicle or property again enters the land with a vehicle within the period of 3 months being with the day on which the direction was given,
commits an officer and is liable upon summary conviction to a fine.

If the direction under S77 is not complied with the Council may apply to the Magistrates Court for an order under S78 requiring the removal of any vehicle or other property which is present on the land and any persons residing in it.

A welfare needs assessment was conducted on 23rd March 2023. Having regard to the Human Rights 1998 and Equality Act 2010 in particular in regard to the occupiers needs and welfare it would be proportionate when balancing individual needs against the wider public interest having regard to the unacceptable location of the unauthorised encampment to serve a direction under s77 for the removal of the vehicle(s) and person(s) from the site. Given that they have been on site since 7th March 2023 it is in line with the Authorities Policy to serve notice without delay.

Failure to have the ability to open the Park and Ride site could create reputational damage to the Authority and have an impact on the wider tourist economy of the local area.