HC Deb 23 October 2003 vol 411 cc725-6W
Mr. Burns

To ask the Deputy Prime Minister if he will make a statement on his plans to amend the planning laws to give local authorities and planning departments more powers to overcome abuses of planning law, with special reference to the removal of travellers and others from land without the consent of the landowner. [132927]

Yvette Cooper

When travellers have bought and developed land without planning permission, this would be an unauthorised development, which is a breach of current planning laws. A range of powers already exists to deal with unauthorised development, which is a planning matter. When travellers have trespassed onto land they do not own, that is an unauthorised encampment.

The police can issue a Section 61 Direction under the Criminal Justice and Public Order Act 1994, directing trespassers to leave land. Failure to comply with such a direction is an offence. Local authorities may issue a Direction to Travellers on unauthorised encampments under Section 77 of the 1994 Act. Again, failure to comply is an offence. Landowners have power under the common law to remove trespassers from their land. The procedure to be used is contained in Part 55 of the Civil Procedure Rules.

There are also proposals contained in Clause 62 of the Anti-Social Behaviour Bill, to give the police power to direct illegally camped travellers to leave land. The new power could only be used if the local authority has available pitches on sites in their area.

Mr. Burns

To ask the Deputy Prime Minister if his Department will make a grant to Chelmsford borough council to assist it in offsetting the money they will have to spend to enforce planning laws through direct action at Cranham road, Little Waltham, Chelmsford; and if he will make a statement. [132929]

Keith Hill

No. Local planning authorities already have powers under section 178 of the Town and Country Planning Act 1990 to take direct enforcement action and recover their costs from the owner of the land.

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