Unauthorised occupation of land

The responsibility for taking enforcement action lies primarily with the owner of the land concerned. Arun District Council (ADC) only have responsibility for our own land and currently, along with other local authorities in West Sussex, we have an agreement with West Sussex County Council (WSCC) whereby the county council undertakes the appropriate steps, including any legal proceedings, to remove any unauthorised encampments from their and our land.

Where tents are found they may be occupied by the homeless or are just in use for the day by children or day-trippers. Tents erected on our parks or other ADC land should be reported directly to our parks department. If the land belongs to West Sussex County Council it should be reported to them directly. If tents are located on private land they should be reported to the landowner.

In some circumstances the police will assist in moving on an unauthorised encampment from a site using powers under the Criminal Justice and Public Order Act 1994: Public Order: Collective Trespass or Nuisance on Land: Section 61 and Sections 62A, 62B and 62C; and in some circumstances the Police, Crime, Sentencing and Courts Act 2022, and this will be done through liaison with the police and the county and district councils.

Not every piece of legislation is applicable or appropriate in every situation and each occurrence is considered on a case-by-case basis.

Further information can be found on the unauthorised encampments government website page.

Roadsides and lay-bys

Caravans, campervans and motorhomes seen at the side of the road, in a lay-by or parked on the edge of the road/verge are probably on West Sussex County Council Highways land and you should advise the county council directly, who will then investigate and take the appropriate legal actions. This also applies to mobile homes of all sorts parked on the highway where people are staying in them overnight as again, we have no control over highway land or roads. Please use  West Sussex County Council's form to report such incidences.

Fields or open spaces

If you see caravans, campervans or motorhomes parked in a private field or open space, if they do not have the landowner's permission, the landowner will need to take the appropriate legal action through the courts to regain possession of the land. Unfortunately where private land is involved we are unable to take any action.

Car parks

If you believe there is an unauthorised encampment in a council-owned car park, you should contact the relevant authority; this will either be West Sussex County Council or Arun District Council. There are signs in council run car parks to inform of who is responsible for them.

Circuses and funfairs

Circuses and funfairs often park up at the side of the road or on adjacent verges overnight or whilst travelling between their agreed sites. Usually these vehicles (often in a convoy) will only be present overnight or for a short time and there is no need to advise us or the county council of their presence.

Also, once at their agreed site there is no need to advise us as the site will already have been agreed by the council and will usually have been well advertised to the public.

Designated pitches

We are required by the government to provide a number of sites to meet the housing needs of gypsies, travellers and travelling show people. Within West Sussex, there are currently around 130 pitches for Travellers at 12 sites, which is more than many counties in England and considered to be a sufficient contribution to national provision. Within Arun, there is a residential site at Ryebank between Yapton and Middleton-on-Sea. The maintenance and running of the site is the responsibility of West Sussex County Council. In addition, there is one transit site provided near Chichester where groups could be directed by the police and/or county council if they form unauthorised encampments on county, district or borough council land within West Sussex.

Reporting

To report an unauthorised encampment on our land you should contact report.encampments@arun.gov.uk. Please note that this is only for the reporting of the presence of an unauthorised encampment on council-owned land and is not for discussion or provision of information regarding procedures, legislation or protocol, either at national or local level. It may not be possible in every instance to acknowledge receipt of a report; however, the information will be recorded and action taken as appropriate to the circumstances.

If you witness crime or antisocial behaviour taking place, you should report this via this link to Sussex Police.

The policies and procedures above apply only where we are seeking possession of our own land. Every unauthorised encampment will be considered in relation to its individual circumstances as set out in our policy and including the size and location of the site, the size of the encampment, the needs of travellers and those of the settled community affected by the encampment. 

Advice for private landowners

The responsibility for taking enforcement action lies with the owner of the land concerned. Landowners are expected to take reasonable precautions to prevent unauthorised encampments. Unless a landowner has already obtained planning permission for a caravan site or is a farmer and the encampment is formed of temporary workers that are helping with harvesting etc., then the landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites.

If a landowner is in breach of any planning or license requirements, then the Council will take proceedings against the landowner to require removal of the illegal encampment.

Landowners can talk to the group forming the encampment to see if a leaving date can be agreed. If a leaving date cannot be agreed they will need to take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for the eviction of the group forming the encampment. There must be a minimum of two clear days between service of documents and the court hearing. To get details of court proceedings contact:

Chichester County Court
Southgate
Chichester
West Sussex
PO19 1SX

Telephone: 01243 520700
Fax: 01243 533756
Email: enquiries@chichester.countycourt.gsi.gov.uk

Landowners can also seek independent legal advice to explore all legal options available to them for regaining possession of land.