Posted on 20.1.14 by Guy Lightowler
Read through the weekly list of planning applications to local authorities and it speaks of an ordered world whereby householders must ask permission for minor changes to their homes or privately owned property.
But there is one sort of application that never seems to appear on the list: that for traveller encampments.
Guy Lightowler, Partner in the firm’s Dispute Resolution team, was recently instructed by an established client to deal with a trespass situation involving a substantial number of travellers over the Christmas period on one of his freehold sites in the Cheshire area.
Guy, who specialises in property litigation investigated the situation, to which it transpired that there were approximately 30 caravans on site with assorted vehicles; some of which were substantial in size.
How the situation was dealt with…
Upon Guy’s appointment to the case, instructions were immediately taken and an emergency application was then made to the appropriate County Court. Guy continued to liaise with the client alongside the Court Issue Section and a private bailiff who was on stand by in relation to the sheer scale of the encampment.
At the same time Guy also advised the client to liaise with the police although on the basis that the property was available for let and was not an operational site the police did not fully exercise their powers.
In the circumstances an emergency Possession Order was obtained against the trespassers and was immediately served the same day with a Warrant for Possession being issued at the same time for execution the following day with the assistance of the County Court Bailiffs. Private Bailiffs were also retained the following day and an organised scheme of removal was undertaken overseen by the police.
Practical measures were then put in place after the removal of the trespassers to secure the site and to prevent further trespass. The above operation was carried out in just a few days so as to regain possession on behalf of the client as soon as possible.
For more information or to discuss any cases similar to the one mentioned please contact Guy Lightowler on 0161 930 5151.