Eviction of Gypsies and Travellers from their own land

If you are a Gypsy or Traveller, you need planning permission and a site licence to use your own land as a site for caravans. If you don't have the necessary permissions, you could be evicted.

Council action if you don't have planning permission

If you don't have permission to use your own land as a site for caravans, the planning authority can take action against you.

They can serve an enforcement notice, a stop notice, or seek an injunction from a court ordering you to leave the land.

Failure to comply with one of these notices could lead to a large fine, or in the case of breaching an injunction, imprisonment.

The council can send an officer to visit your camp to see whether you have broken any planning laws. Do not try to stop this officer coming onto your land. If they have a warrant, it could be a criminal offence to try to stop them and you could be fined.

Council decisions about planning permission

When deciding whether to grant planning permission the local planning authority (usually the council) should consider a number of factors.

This can include protecting the green belt from inappropriate development and the human rights (of respect for private, home and family life) of site occupiers.

Appealing against enforcement notices

You have the right to appeal against an enforcement notice.

You can't appeal against a stop notice but you may still be able to take legal action to stop it.

If the planning authority seek an injunction from court, you'll be told the date of the court hearing.

You can go to court yourself or be represented at court.

The court looks at a number of factors, including: 

  • evidence about the breach of planning law 
  • the personal circumstances of the occupiers of the land 
  • whether an injunction is a proportionate action given the circumstances 

Get advice about going to court

Get advice about going to court.

Contact a housing adviser, a solicitor or a planning law expert, such as Planning Aid who can offer free advice on planning issues. 

Use Shelter's directory to find advice centres in your area.

If an appeal fails but you don't move on

The planning authority has the power to remove your caravan or mobile home if your appeal against an enforcement notice fails but you still don't move.

If this happens, the council may attempt to force you to pay for any expenses involved.

You can also be fined for refusing to comply with an enforcement notice.

Further advice and information

Use Shelter's directory to find a local advice centre if you need help with legal or other issues.

Other organisations that can provide advice and assistance for members of the Gypsy and Traveller communities include:

 

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