Unauthorised Encampments

The council's Environment Enforcement Team is responsible for dealing with unauthorised encampments on land owned by Wiltshire Council or on the public highway.

The Housing Team is responsible for operating and managing Wiltshire's two residential Gypsy sites. Please don't contact the Housing Team to report unauthorised encampments. 

You can report an unauthorised encampment using our online reporting system, or you can contact Wiltshire council on 0300 456 0100. 

An unauthorised encampment is when an individual or group of individuals move onto a piece of land that they don't own, without the permission of the landowner.

People parking caravans on their own land without planning permission are not unauthorised encampments (in that they cannot trespass on their own land) - they are 'Unauthorised Developments' and are always dealt with by enforcement of planning legislation by Wiltshire council.

Unauthorised developments can be reported to Report a matter to Planning Enforcement.

Section 77 of the Criminal Justice and Public Order Act 1994 (CJPOA) gives local authorities the power to direct individuals to remove their vehicles and belongings and to leave highway land, or any land occupied without the consent of the landowner, whether owned by the local authority itself or by any other public or private landowner.

If the campers have failed to move and/or remove any vehicles and other property by the date specified in the Direction, or return to the same location within three months of the date of the Direction, they are then committing a criminal offence and may be arrested by the police. If a prosecution is successful they may then be given a custodial sentence of up to three months, or be liable to a fine of up to £1,000.

Alternatively, the council may pursue unauthorised campers who have contravened a direction under Section 77 by using their powers under Section 78 of the CJPOA. This allows local authorities to advise the Magistrates' Court of the contravention and, if the court is satisfied, then they may grant an Order for Removal of Persons and Vehicles.

Before commencing any action to evict an unauthorised encampment, local authorities have an obligation to carry out welfare assessments of the unauthorised campers. This may necessitate the involvement of local NHS bodies, where health issues are apparent.

Part 55 of Civil Procedure Rules allows any landowner to regain possession of his/her land.

The first step is for the landowner to ask the trespassers to leave the land.

If they refuse to do so, or ask to be allowed to remain for what the landowner considers to be an unacceptable time period, the landowner can then begin action against the unauthorised campers through the County Court.

It should be noted that, where the landowner is a local authority or other public body, the necessary welfare assessments should be carried out alongside the court procedures and should be completed before any eviction is carried out.

The Police powers to deal with Unauthorised Encampments are detailed in the Police, Crime, Sentencing and Courts Act 2022 (opens new window).

It is the landowner's responsibility to take the necessary action to evict the encampment.

The landowner can attempt to agree a leaving date with the travellers or take proceedings in the County Court under the Civil Procedures Rules 1998 to obtain a Court Order for their eviction as trespassers.

You can seek advice from the Citizens Advice Bureau (opens new window).

We operate a balanced approach towards Travellers, as suggested by case law and Government guidelines. Whenever an Unauthorised Encampment occurs, the Enforcement Officer visits and makes an assessment of the situation.

If it is in a quiet location and causing little nuisance a decision may be made to leave them in place for an agreed period, as there is no point in evicting from one site to a worse one. It is in everyone's interest to agree a leaving date with the Travellers, as they get a period of stability and we save the not inconsiderable costs of eviction.

No, the council must :

• show that the travellers are on land without consent
• make enquiries regarding general health, welfare and children's education
• ensure that the Human Rights Act 1998 has been fully complied with

To do this, the council follows a set procedure based on Government guidance which involves proving ownership of the land, obtaining details of the encampment, assessing an encampment's effects on the local area, serving notices and summonses that will enable necessary authority to be obtained from the courts to order the travellers to leave the site.

In certain circumstances the council will work with Wiltshire Police and request use of S.61 Criminal Justice and Public Order Act 1994 to promptly remove encampments.