BRIDGEND County Borough Council (BCBC) has started the legal process for the safe removal of caravans and vehicles from Litchard Playing Fields.
This follows BCBC officers visiting the location to engage with the caravan and vehicle owners and advise them that the encampment is unauthorised.
The following information:
- provides the latest details on this process;
- clarifies what the council’s legal responsibilities in relation to unauthorised encampments; and
- outlines the actions currently being taken in accordance with the relevant legislation to address the occupation of the site and secure compliance with the appropriate legal processes.
Action is being taken to remove the caravans and vehicles that have gained access to Litchard Playing Fields.
Bridgend County Borough Council (BCBC) recognises the impact that unauthorised encampments such as this can have on residents.
BCBC has taken immediate action under the Criminal Justice & Public Order Act 1994 (Act).
The Act authorises the local authority to remove unauthorised encampments and sets out the procedure that they must follow in order to do so.
Under section 77 of the Act, BCBC has served a legal direction similar to an eviction notice, which requires the removal of all vehicles and other property within 24 hours.
Failure to comply with the direction constitutes a criminal offence.
Where a vehicle owner fails to comply with a section 77 direction, a local authority can ask for a court order under section 78 of the Act.
BCBC has contacted Cardiff Magistrates’ Court for such a court order. This called making a complaint to the magistrates’ court.
This is legally necessary in case the encampment remains in place and it enables BCBC to instruct High Court Enforcement for the removal of the vehicles.
Any obstruction of this also constitutes a separate criminal offence.
BCBC has requested an urgent hearing and has been informed by the court that it will take place at 2pm today (June 22).
BCBC has to visit the site to conduct checks for child welfare, vulnerable children and safeguarding. This is a legal requirement that must be undertaken ahead of any enforcement action in order to comply with human rights and equality legislation and is part of the overall process for dealing with such illegal encampments.
BCBC is working closely with South Wales Police and other public bodies, and the situation is being monitored carefully.
BCBC is also identifying vehicle owners so that we can prosecute those who fail to comply with the legal direction to leave, or if they obstruct the removal of vehicles.
The council has offered those present at the encampment bin bags and litter pickers to clear up the site before leaving.
As soon as the caravans and vehicles have safely left the playing fields, BCBC will carry out an inspection of the site and will assess whether any further actions are required (for example, to remove rubbish).
The council’s statement/response says: “Bridgend County Borough Council is continuing to take legal action to remove an unauthorised encampment after a number of caravans and vehicles illegally gained access to Litchard Playing Fields.
“Under section 77 of the Criminal Justice and Public Order Act 1994, the council served a legal direction similar to an eviction notice which required the removal of all vehicles and other property within 24 hours of the notice being served.
“As the encampment is still currently in place, the council has now applied for an order under Section 78 of the Act. This will enable the council to instruct High Court Enforcement Officers to remove the vehicles, and any obstruction of this process would constitute a criminal offence.
“An urgent hearing was requested and the council has been informed that it will take place on Monday afternoon (June 22) at Cardiff Magistrates’ Court.
“The council will carry out an inspection of the site once the caravans have been removed.”
