Decision details

1.Purpose of Decision Record
To record the decision of KERRY METCALFE to take enforcement action under the Criminal Justice and Public Order Act 1994 in accordance with her delegated powers contained within the Council’s Constitution.
2.Background and Action to date
On Wednesday 31st January 2024 NYC was notified that up to eleven unauthorised caravans had parked on Seamer Road Park and Ride site. A site visit and welfare needs assessments have been carried out on Saturday 3rd February 2024 by CEA Limited. This has established that there may be one welfare concern on site relating to a lady who is seven months pregnant – health care support has been offered by CEA Limited and was refused. No other welfare needs were identified.
Where a welfare need is present NYC’s policy states the following:
‘The Council will seek to identify any relevant welfare needs of the site occupiers. Where needs are identified the Council will try to assist or refer the matter to the relevant service or agency.
Where welfare needs are identified the case will be assessed on its own merits and any appropriate occupation period agreed. The situation will be monitored and the occupation period will be extended as the Council deems necessary.’
As the individual with a welfare need has refused health care support. It is considered that the eviction should proceed as planned in accordance with the Policy.
Seamer Road Park and Ride is currently closed for the winter, but it should become operational in advance of Easter. Failure to take swift action with the eviction may result in problems re-opening the site at the planned time due to clear-up and repairs to the site once vacated.
3.Legal
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 / her –
(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.
Then 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.
4.Other
A welfare needs assessment was conducted on 3rd February 2024. 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 the location is unacceptable, relevant authorities are aware of the welfare needs on site and an appropriate occupation period has been afforded to the families, it is now 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.
5.Recommendation
Therefore, I Kerry Metcalfe authorise action to be taken under Sections 77 and 78 Criminal Justice and Public Order Act 1994 to secure the removal of those vehicles or other property and any persons residing in it from Seamer Road Park and Ride site in order to prevent trespass and protect the Council’s interests and enable the Council to continue to carry out its functions on the site.

To ensure service delivery can resume at the planned time at Seamer Road Park and Ride site following occupation of part of the site by an unauthorised encampment.

No alternative options have been considered / rejected.