Travellers set up on land adjacent to Central Retail Park

Travellers on land adjacent to Central Retail Park

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A group of travellers has set up on a piece of land adjacent to the Central Retail Park, Oldham Road, that is home to Halfords, Argos and Matalan.

The convoy of around forty caravans arrived on the site at the weekend.

Concerns about the mess the travellers are making, and may leave behind, have been raised.

Previously, when travellers have set up on council land, Rochdale Borough Council has obtained eviction orders through the court and travellers have been removed by the Council Planning Enforcement Team.

However, it is understood that though the Council is negotiating to buy the land, it is currently still privately owned and hence the landowner's responsibility to take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for eviction.

If the landowner fails to act, unless the landowner has already obtained planning permission for a caravan site, the landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites and the council may take proceedings against the landowner to require removal of the illegal encampment.

The police will visit all sites reported to them. In certain circumstances (for example, where the travellers have with them six or more vehicles), officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994.

These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.

The police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.

The duty of the police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of trespass and the removal of trespassers are the responsibilities of the landowner and not the police. The police will investigate all criminal and Public Order offences.

Mark Robinson, Chief Planning Officer at Rochdale Borough Council, said: “Where camps are on private land, it is the responsibility of the landowner to take action. The council has no powers of eviction in these cases although our offices can assist with public enquiries.

“The police have separate powers where there are wider issues of crime and disorder and can move camps on in such cases.”