Issue - meetings

Delegation of Enforcement Powers

Meeting: 22/05/2019 - Cabinet (Item 8)

8 Delegation of Enforcement Powers pdf icon PDF 99 KB

Decision:

2.1Cabinet agreed that Northampton Borough Council enter into an arrangement with Northamptonshire County Council to discharge the powers under sections 77 and 78 of the Criminal Justice and Public Order Act 1994 and Part 55 of the County Court Procedure Rules, in relation to unauthorised occupation of land within Northampton Borough Council’s area and for it to arrange for delegation of those powers to specified officers of the County Council.

 

Minutes:

Councillor King as the relevant Cabinet Member submitted a report seeking an arrangement with Northamptonshire County Council to deal with unauthorised traveller encampments in relation to land within Northampton Borough Council’s area.  This was an urgent issue, because the correct powers were not currently in place.

 

Councillor Birch stated that she supported the recommendation, although a more permanent solution was needed.  Were the Council considering a temporary site with water and toilet facilities?  Councillor Nunn suggested that a ward by ward approach would be the best solution.

 

Councillor Birch was pleased to note that the police were using Section 61 notices, and asked if they would continue to be proactive.  Councillor King pointed out that the Chief Executive currently received daily updates from the police in respect of this.

 

In relation to the implications for NBC of the court upholding a challenge to Bromley Council’s traveller ban, Councillor King stated that NBC’s legal team were in agreement with the current arrangements.

 

Councillor Eldred pointed out that there was a stop-gap traveller site at Ecton.  He also reported that Plymouth Council had previously been one of the areas worst affected by unauthorised encampments.  However, as a result of employing bailiffs, acting in a professional rather than forceful manner, they now had one of the lowest levels of unauthorised encampments in the country.  Could this approach be considered for NBC?

 

Councillor Larratt stated that the CTU provided an excellent service, had a good working relationship with travellers, and processed legal work quickly to get eviction notices.  He considered that the CTU should be a 7 day a week operation in order to be able to undertake assessments in a more timely manner.  

 

Councillor Hadland expressed concern that social media evidence suggested Northamptonshire was viewed as a soft touch by travellers.  A robust approach was needed.

 

Councillor Nunn suggested there should be further officer investigation into the cost and viability of a 24/7 CTU operation, and confirmed that the existing arrangements would now continue until 31 March 2021 (rather than 2020 as stated in 1.1). 

 

RESOLVED:

 

2.1 Cabinet agreed that Northampton Borough Council enter into an arrangement with Northamptonshire County Council to discharge the powers under sections 77 and 78 of the Criminal Justice and Public Order Act 1994 and Part 55 of the County Court Procedure Rules, in relation to unauthorised occupation of land within Northampton Borough Council’s area and for it to arrange for delegation of those powers to specified officers of the County Council.