We have a joint protocol in place with the Police, Lancashire County Council and other local authorities across Pennine Lancashire for managing illegal, unauthorised encampments within the Borough. This ensures that our approach is robust, firm but fair, and transparent.
An unauthorised encampment is when an individual or group of individuals move onto a piece of land that they do not own, with the intention to reside either on a temporary or permanent basis, without the permission of the landowner.
Details of any known unauthorised encampments will be made available on our website and updates provided as and when they are available. Please check the site before you make a report
How to report an incident of an unauthorised encampment
To report unauthorised encampments in Rossendale, please contact
Legal Services on 01706 252438
Overview of the process
Unauthorised encampments are a matter of civil trespass between the landowner and the individual(s) illegally camped on the land.
Generally we will remove unauthorised encampments from Council-owned land.
If the encampment is not on Council land the removal of the trespasser is the responsibility of the landowner. As part of our protocol, notification and guidance will be provided to private landowners in this instance.
We must follow set procedures when dealing with unauthorised encampments:
- The process starts with confirming whether we own the land and, if we don’t, who does.
- Once it is confirmed that we own the land, we are required to undertake a site visit to gather evidence of the illegal encampment for enforcement reasons and carry out welfare checks to identify if there are any welfare needs amongst individuals.
- If there are no immediate welfare needs or concerns we can serve a notice to leave.
- If, after the notice to leave is served, the individuals remain on the land past the date given, we can then apply to the Courts for a Possession Order.
- The Court Possession Order is served on the site with a specified leave date.
- If the individuals fail to leave, we can then apply for a Warrant of Possession to evict them from land. This Warrant is executed by the Police and a Court appointed bailiff as soon as they become available.
- Alternatively we may consider applying to the Magistrates’ Court for a Direction to leave the land as set out in the Protocol.
- After the unauthorised encampment has been moved on we will make every effort to clean the site as soon as possible.
It should be noted that any site visits or serving of Court orders to leave will be undertaken with Police presence.
The eviction process will depend on the circumstances of each individual case and the time taken to obtain a Court hearing. There are a number of factors that can cause delays to the eviction process. They include:
- If welfare needs are identified
- Public holidays
- Obtaining a Court date
- Weather (snow/water logging may hinder vehicle manoeuvre)
The Court can refuse to grant us an order to evict an unauthorised encampment if it believes there are unavoidable reasons or it feels we have failed to make adequate enquires about the general health and welfare of the individuals camped illegally. Therefore it is vital that the procedures set out in our protocol are carried out correctly.
Summary of powers available to tackle illegal unauthorised encampments
In partnership with the Police, we will determine the quickest and most appropriate powers be used on a case by case basis. A summary of powers that may be used are:
- Possession orders via the County Court to remove trespassers from land
- Directions via the Magistrates’ Court to remove trespassers from land
- Police powers to order unauthorised campers to leave land
- Temporary stop notices to stop work that breaches planning rules, allowing us to decide whether further enforcement action is needed.
- Power of entry onto land so authorised officers can obtain information for enforcement purposes
- Planning contravention notices to stop work on development if there appears to be a breach of planning rules or the council needs more information about the activities on the land
- Enforcement notices to remedy a breach of planning rules
- Ensuring sites have valid caravan or tent site licences.
- Pre-emptive injunctions to prevent vulnerable land from unauthorised encampments
Other useful documents that can be downloaded from this page:
- Managing Unauthorised Encampments Protocol
- Unauthorised Encampments Code of Conduct
- Landowner Guidance