The Leader, or his nominee, to answer questions from Councillors on issues in their Wards, in accordance with Standing Order 15.
Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 11 July 2019.
One Ward Issue question has been received to date from Councillor J.R. Sexton.
“Why did it take the Police one day to support the Council to move the unlawful caravans and owners from Shortwood Common on the 16th June?
We allowed them one night driving around the Common like a race track.
The Council and the Police have a statutory duty to protect the land under section 34, 1988 Road Traffic Act.
Why was this not used to move them on sooner? It also states “No vehicle may be driven on common land” and we allowed them to flout the law. Can I have assurances that if I receive a call again we will ensure we all act sooner. The law is the law and we must ensure all abide accordingly.”
Minutes:
One question was submitted by Councillor J. R. Sexton.
Question from Councillor Joanne Sexton:
“Why did it take the Police one day to support the Council to move the unlawful caravans and owners from Shortwood Common on the 16th June?
We allowed them one night driving around the Common like a race track.
The Council and the Police have a statutory duty to protect the land under section 34, 1988 Road Traffic Act.
Why was this not used to move them on sooner? It also states “No vehicle may be driven on common land” and we allowed them to flout the law. Can I have assurances that if I receive a call again we will ensure we all act sooner? The law is the law and we must ensure all abide accordingly.”
Response from Councillor Ian Harvey:
“Thank you for your question Cllr Sexton.
The encampment arrived on Sunday morning 16 June. Police attended and during the course of the day conferred with the Group Head for Neighbourhood Services.
In accordance with the agreed joint protocol, the Police carried out an initial assessment. They concluded that they did not have the grounds to issue a notice to move the encampment under s.61 of the Criminal Justice and Public Order Act 1994.
The Police reported this decision to Council Officers and agreed that a further visit would be carried out on Monday morning.
At the time of assessment on the Sunday there were no reports of crime and it was therefore understandable why the Police did not use powers under section 61 at that point.
The situation then changed overnight with the reports from residents about damage to the Common. The situation was reassessed by the Police and Council Officers on Monday morning.
By Monday morning it was clear that first, damage was being done to the Common which is a Site of Special Scientific Interest (SSSI). There was impact on flora and fauna, and there were concerns about the open gate and the risk of cattle escaping and causing a danger on the highway.
Secondly it was clear that further heavy rain was forecast and there was every chance of the Travellers becoming stuck in the mud and not being able to leave the site for some time – which would further risk negative impacts on the SSSI site.
As a result of these concerns, a second assessment was made by the Police who decided that a section 61 notice would be issued. This was subsequently issued at 3pm on Monday and the site mostly clear by 5pm although one vehicle broken down was finally moved at 8pm.
As for the Road Traffic Act 1988, as Cllr Sexton correctly identifies it is an offence to drive on common land.
The joint protocol between Police and Surrey councils has been agreed to deal with any unauthorised encampments in a proportionate way which will stand up to scrutiny.
Driving vehicles on the common land was an aggravating factor which supported the Police decision to use their s.61 powers. Reporting the drivers for a summons would have likely hindered the swift removal of the vehicles and would not have led to the seizing of the vehicles in any event.
The appropriate legislation in these circumstances notwithstanding any serious criminal offences being committed was the Criminal Justice and Public Order Act 1994. In these circumstances the Police used their power under s.61 but the Council was also preparing to issue notices itself under s.77 should the s.61 not have been issued.
We have always and will continue where possible to move unlawful encampments as quickly as possible. However we are required to follow the relevant laws and proper process when carrying out the eviction. It is therefore not possible to assure councillors that anyone of us will act sooner as circumstances for each unlawful encampment have to be assessed first. It is submitted that the Shortwood Common encampment was removed as per the protocol and in the shortest possible time.”