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Search the Public Notice PortalAfter a flurry of activity over the Easter Weekend, the dust has seemingly settled on Flamstead's encampment dispute as police investigate claims and the borough council ordered work to halt. However, the situation has left many asking what is the legality of the new site?
First reported to Dacorum Borough Council (DBC) on Friday, April 3, it was discovered that hardcore was being laid on privately owned land off Friendless Lane.
Due to its "industrial scale" and the speed in which the operation was being carried out, officers from DBC inspected the site on Good Friday.
As checks were made, many swiftly realised the land is also under green belt and Areas of Outstanding Natural Beauty (AONBs) in the Chilterns National landscape.
A temporary stop notice was serve on Saturday, April 4, requiring works on the site to cease immediately.
According to DBC this notice was "used to prevent further harm while we explored other enforcement options".
On Sunday (April 5) DBC applied for an emergency injunction for the site, which was successfully granted by the court - this was served on the site prohibiting any unauthorised works or use of the land.
Under the injunction, static caravans and tourers could not be brought to the site and it could not be occupied either.
A Flamstead resident, who wished to remain anonymous, told the paper that on multiple occasions more caravans and mobile homes were brought on site since Sunday. Men, women and children could also be seen occupying the area over the last few days.
"This injunction claim is being progressed and we will provide updates," a statement by the borough council added.
"We are continuing to gather evidence of any breaches and will be taking further legal action in the coming weeks."
The borough council has issued a question and answer section on its website to provide further information and clarity on the situation - we have picked out some of the frequently asked questions.
Importantly, DBC confirmed the development commenced without planning consent and as revealed by The Herts Advertiser, an application was validated after works begun.
Many readers asked why the caravans could not be removed either. This is due to the fields status as privately-owned land - common law powers to remove trespassers cannot be used.
Undertaking works or building without the necessary permissions is a breach of planning controls but not a criminal offence. The police therefore do not have the powers to intervene either.
Greater steps may be taken by the council in the form of a "Notice of Enforcement" which warns occupiers that bailiffs will visit homes to seized their goods.
Furthermore, a successful prosecution by the council was not promised to result in the clearance of the site.
Answers to further questions can be found below:
Why can the development not be stopped, despite the land's status?
Across all sites, and not just those in the green belt or the national landscape, DBC can serve a Temporary Stop Notice when there is a clear breach of planning control and immediate action is necessary to prevent the breach from continuing.
Harm to the green belt or national landscape can provide the reason for it to be necessary to act. The borough council has undertaken this course of action followed by serving an Emergency Injunction notice.
If legal documents have been served to stop the development, why does this not lead to immediate prosecution and clearance of the site?
Breaches of Temporary Stop Notices and injunctions require robust evidence to secure a successful prosecution. It is important to note that both the Temporary Stop Notice and the emergency injunction required certain actions to cease.
These cannot be used to clear the site and a successful prosecution would not, of itself, result in the clearance of the site.
If a crime has been committed, why are the police not stopping the development and arresting people?
The police can only arrest individuals where they have reasonable grounds to suspect that:
- They are about to commit a criminal offence.
- Are in the act of committing an offence.
- Are guilty or have reason to suspect that they are guilty of an offence that has already been committed.
Undertaking works or building without the necessary permissions is a breach of planning controls but not a criminal offence. The police therefore do not have the powers to intervene.
Breaching an enforcement notice, is an offence that gives the council the option as the Local Planning Authority to bring a prosecution at the magistrates court for breach of the enforcement notice. Punishments include fines.
Injunctions obtained under section 187B of the Town and Country Planning Act 1990 do not give rise to a power of arrest.
Why are police not using other powers to arrest or stop building on site as I have seen them evicting caravans in other operations?
Sometimes police can support evictions in trespassing situations. However, this is not considered to be a matter of trespass as the council is not the landowner and therefore cannot seek the support of the police to act on this basis.
This matter is not considered to be trespass and is primarily a planning enforcement issue and a breach of planning controls.
Is it a criminal offence to breach the Stop Notice and the Injunction will the council be taking legal action against perpetrators?
Yes, it is an offence to breach a Stop Notice. Under the Town and Country Planning Act 1990, failing to comply with a Stop Notice (and a Temporary Stop Notice) can lead to prosecution at the magistrates court and unlimited fines.
Breaching an injunction is considered contempt of court and can lead to serious legal consequences including committal to prison for up to two years. The borough council is prepared to take the appropriate legal action against perpetrators.
Has a planning application been submitted for the site?
A planning application was submitted on Friday, April 3. The application was validated on Tuesday, April 7, and has the reference number 26/00811/MFA.
Under the application, 14 residential Gypsy and Traveller pitches would be erected, with each providing one mobile home, two touring caravans and one day room. Details of associated groundworks, hardstanding, boundary treatment and landscaping have also been published.
The consultation, consideration and determination of the planning application will follow due process.
The development started without planning consent.
Why have the council acted on this site and not others?
The scale of the unauthorised works and the fact that it was carried out on the Chilterns National Landscape and green belt informed the course of action taken at this site. This represented an immediate risk to the environment. There was also an immediate risk of significant unauthorised development.
The borough council take all unauthorised developments and breaches of planning control very seriously and are currently managing over 200 live enforcement cases.
If the caravans are not authorised to be there, why can they not be evicted?
As the caravans are on privately-owned land common law powers to remove trespassers from land cannot be used.
Is there a difference in the action that can be taken if the land is owned by the council or if it is privately owned?
Yes, if there is unauthorised occupation of council land, we can use common law powers to remove trespassers from our land. The council cannot use common law eviction powers to remove people from land it does not own.
Could the council have done anything differently that could have resulted in stopping this?
"The Temporary Stop Notice and the Emergency Injunction were the most appropriate steps and were taken within two days from the breach of planning controls being reported to the authority on Good Friday. The preparation and on-site delivery of the necessary paperwork was undertaken as soon as practically possible", the council assured.
What are the next steps to ensure enforcement is taking place?
Enforcement action has already taken place through the service of a Temporary Stop Notice. Further enforcement action, such as the service of an Enforcement Notice is being considered.
Residents are encourage to report concerns about criminal activity, or immediate risks to safety.
Investigations continue and how to report incidents
Officers are exploring a number of allegations in the Friendless Lane area of the village over the Easter weekend.
Police received reports from several parties involved in a dispute in the area, including suspected threatening behaviour, criminal damage, road traffic offences and illegal felling of trees.
Residents told The Herts Advertiser that an "altercation" took place on Sunday (April 5), between "lawful protesters" and construction workers attempting to enter the green belt site, known as Cotton Spring.
According to the force, enquiries are continuing at this time and police are keen to hear from anyone with information or footage which may assist.
Dacorum Chief Inspector Paul Stanbridge said: “The allegations were made following unauthorised building works on land in the area. The building works themselves are a civil planning matter and police have no powers to prevent it taking place.
“Our role is to ensure public safety, prevent a breach of the peace and investigate any reports of criminal activity."
If you have concerns about criminal activity, or immediate risks to safety, you should report these matters directly to the police using the appropriate channels (999 in an emergency, or 101 / online reporting for non‑emergency matters).
If you wish to report further activity on site, please email planning.enforcement@dacorum.gov.uk
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