Leeds City Council has a responsibility to provide space for travellers to camp on permanent residential sites. However, Leeds has only one permanent traveller site, at Cottingley Springs in South Leeds. This site is full and has a long waiting list. Some travellers may also choose not to stay in one place for long periods.
It is against the law for anyone to camp on public or private land, where they have not first obtained permission from the landowner to do so. It is also illegal to set up permanent or semi-permanent accommodation or caravan sites on any land without first applying for planning permission from the council.
Tolerated encampments
The government has asked councils to ‘tolerate’ temporary traveller encampments on roadsides, lay-bys and public parks, unless they are causing a problem. Leeds City Council's traveller service will arrange for refuse collection from tolerated sites to help prevent rubbish spreading across a large area. Tolerated encampments may be allowed to stay in place for up to 28 days.
Private landowners are breaking the law if they allow traveller encampments on their land and have not applied for caravan site planning permission.
Unauthorised encampments
Landowners can apply for a court order to get unauthorised traveller encampments moved on from their land. If the court grants an order then this will be served on the travellers, instructing them to leave the site by a certain date. Leeds City Council can only apply for a court order to remove traveller encampments if we own the land. If the land is privately owned our traveller services team will visit the site and then inform the landowner of the situation.
Landowners must start legal proceedings to have an encampment moved on within 28 days of it being set up, otherwise the council can prosecute them for having an illegal encampment. Legal proceedings can take up to ten working days from the time that the landowner applies to the court. Legal costs and court fees can be in the region of £500 - £800.
Unauthorised encampments on public land
If Leeds City Council owns the land that an unauthorised encampment is on, one of our traveller service liaison officers will visit the site within two days of us receiving a report. We will assess the situation and any immediate effects the encampment may have on the surrounding environment and community. If we decide to ‘tolerate’ the encampment for a short period, we will provide advice and services to keep any disturbance or environmental effects to a minimum.
We will ask travellers in unauthorised encampments on council land to move immediately if we consider it is causing a serious disturbance or if it is unsafe for them to remain. We will take legal action in cases where travellers refuse to move.
Some frequently asked questions and answers
Q. What happens if the court gives an order for travellers to leave and they do not go?
The landowner then has to apply for a warrant from the court. If this is granted, court bailiffs then take action to move the traveller encampments on .
Q. How long does it take bailiffs to act?
This depends on the court diary and when the bailiffs are free to carry out the action.
Q. Can the court refuse to give an order to move the travellers on?
Yes. The court may refuse if there is an unavoidable reason for the travellers to stay on the site. For example, if a child is about to be born.
Q. How long does a court order last?
One year provided a warrant has been executed by court bailiffs. If travellers return within a year, the landowner can apply for another warrant.
Q. Why can’t the police move travellers on?
In certain circumstances, a senior police officer present has the discretion to order trespassers to leave land. However, it is not the current policy of West Yorkshire Police to use this power. The main duty of the police is to keep the peace and prevent crime. Trespassing on land by itself is not a criminal offence.
Q. Why can’t travellers buy their own land?
Many travellers have bought land to live on, but they often find it difficult to get the planning permission stay there.
Q. Who is responsible for cleaning up after travellers have gone?
This is the landowner's responsibility. If it is public land, Leeds City Council will clean and secure the area.
Q. Do travellers' children attend school?
Yes. In Leeds, the local education authority (Education Leeds) has a travellers education service. They provide support and assistance to get children into nearby main stream schools for the period of their stay.
Q. What is the difference between travellers and gypsies?
The law defines the term 'gypsy' as 'a person who follows a nomadic lifestyle, regardless of race or origin, and who travels to earn a living'. The word 'traveller' has no legal meaning, though most people refer to gypsies as 'travellers' or 'gypsy travellers'.