Unauthorised encampment

An unauthorised site or encampment is where people set up home on land without the landowner's permission. This can be private or public land.

We want to ensure all residents, whether living in settled or transitory communities, are treated equally and with respect. Gypsy, Roma and travellers have a right to a nomadic way of life. We also recognise that this has to be balanced with the rights of the general public to enjoy private and public land.  

Encampments on Council land

When we have been notified of an unauthorised encampment on our land, we visit the encampment and decide the best action to take, but we must take into account the:

• human rights of both local residents and people in the encampment
• welfare of any vulnerable people in the encampment

Checks are normally completed within one working day of the encampment arriving. To remove an encampment which includes vehicles, we usually use powers to issue a legal notice ordering the encampment to leave within no more than 24 hours.

If the encampment does not leave, the next step is to apply to the magistrates’ court for an order requiring the encampment to move on. The court decides when the hearing for the removal order takes place. This is normally within a week.

Once the order is obtained, the encampment is required to leave immediately.  If they don’t, we have the power to remove the vehicles ourselves or instruct enforcement agents to do so.

We clear any rubbish and littering as quickly as possible. Normally, this is done on the day the encampment leaves or the following working day. It may take a little longer if there are large amounts of rubbish.

Encampments on private land

Unauthorised encampments on private land, including parish or town council land, are the responsibility of the landowner.

Working with police

Trespass is not a criminal offence, it is a civil matter, and as such the police are not responsible for dealing with unauthorised encampments.

However, the police work very closely with the Council to help manage unauthorised encampments and, when appropriate, will take action to deal with problems that may arise on site. 

The police can use powers to remove trespassers and their vehicles. It is for the police to decide if these powers should be used, and they can usually only be invoked under certain circumstances when there is significant impact on the local community.

Read more about police powers on the Hampshire and Isle of Wight Constabulary website.