Elected Member Briefing - Negotiated stopping agreement for Gypsy/Traveller encampment at Perth Food and Drink Park

About this Briefing Note

Report by: Elaine Ritchie, Senior Service Manager, Housing

Date: 30 November 2023

Subject: Negotiated stopping agreement for Gypsy/Traveller encampment at Perth Food and Drink Park

Responsible Officers: Martin Smith, Service Manager, Perth City and Specialist Services

Details

Purpose

The note provides you with information on steps being taken with regard to a Gypsy/Traveller encampment at Perth Food and Drink Park.

Briefing Information

In October 2023, in response to an unauthorised Gypsy/Traveller encampment on Council-owned land at Perth Food and Drink Park, the Council was granted a decree for ejection at Perth Sheriff Court, which remains in force until 31 January 2024.

That encampment subsequently moved on without the decree having to be issued.

Another encampment of Gypsy/Travellers arrived and remains in place today. This encampment is made up of around 12 caravans occupied by six families.

When the current encampment first arrived Council offers responded by talking to the families to encourage them to move on, in line with our normal approach.

The occupants of the site told officers they had nowhere else to go and asked if they could occupy the land for the winter. They indicated they would be happy to work with the Council to ensure their presence did not inconvenience nearby businesses and residents.

The Council has a duty to provide services and support to the Gypsy/Traveller community. As the visiting encampment was made up of families with small children, some with medical needs, it was agreed that we would consider their request. This would allow the Council to put in place support services to help the community through the winter.

Discussions were held with Senior Officers from Housing, Environmental Services and Legal Services. On the basis of the knowledge about those currently living on the site, it was agreed that the best solution for both the Gypsy/Travellers and the Council would be to let the encampment remain on-site until the end of January 2024. This is subject to the terms of a negotiated stopping agreement being agreed by the site occupants.

Further discussions were held with people living on the site about the negotiated stopping agreement, and following some negotiation it has been agreed that the caravans can stay until January 31 2024. However, the site requires full clearance to allow road adoption works to be carried out after that date.

Terms of agreement

The main points agreed in the negotiated stopping agreement are:

1. Caravans and vehicles remain parked in the same area to prevent further caravans joining the encampment. 
2. Reasonable care must be taken to prevent damage to the site.
3. Electricity connections in the area or equipment belonging to the local businesses must not be tampered with.
4. Additional persons are not invited to occupy the site during occupation. 
5. Co-operation with staff members and contractors visiting the site to carry out site checks, services checks, etc.
6. Toilets provided are used only by family members and kept in a reasonable condition.
7. The area around caravans are kept clean and tidy.
8. Domestic waste generated on site is placed in the bins provided.
9. No commercial or green waste is gathered or stored on site.
10. Pets are kept under control at all times.
11. Dogs are tied up or kept in a kennel during the night or when off site for any period.
12. All dogs are microchipped in accordance with the Microchipping of Dogs (Scotland) Regulations 2006.
13. Burning of commercial or domestic waste is prohibited.
14. Clear access to business premises is always maintained.
15. Motorbikes or quad bikes are not used on or near the site.
16. Children play within the designated area.

Council support for the encampment

In response to the agreement, the Council will provide services and support to the community for the duration of their stay:

• Two toilets that will be serviced weekly.
• Regular uplift of domestic waste from the site.
• Contact details for education, benefits, housing and medical provision.
• A named Single Point of Contact.

For the duration of the stay, the Council will monitor the site and take action against any activity likely to cause environmental harm, inconvenience or distress to surrounding businesses or residents such as fly tipping, excessive noise or use of motorbikes or quad bikes.

The Council reserves the right to seek to recover possession of the land by enforcement of the decree for ejection or otherwise through court proceedings if any of the agreed occupants breach any of the terms set out in this agreement.

The agreement will end on 31 January 2024, and the Council will seek to enforce the decree to recover possession of the area if occupants have not vacated the area by this date as agreed. The site requires full clearance to allow road adoption works to be carried out from the agreed end date.

Supporting nearby businesses and residents

The Council has received no complaints from businesses on the Food and Drink Park or from local residents about the current encampment, but we understand there may be concerns raised about the decision to allow them to stay.

We are committed to working with the local business community and residents to ensure that they are not inconvenienced. We have written to each business outlining why the decision has been taken and how they can contact us if they have any concerns about behaviour at the site.

Earlier this year it was agreed that a permanent transient Gypsy/Traveller stopping site with amenities will be provided at land near the Food and Drink Park. This work is being taken forward and we will update you with details soon.

Further information

If you require any further information, please contact Elaine Ritchie by emailing ERitchie@pkc.gov.uk