Evictions under Planning Law
Legally Correct July 2004
If you are living on private land for more than 28 days, whether your own or someone elses, without the benefit of planning permission, you may face enforcement action (i.e., eviction) by the local planning authority (district council level). This will be the case if:
- You have not applied for planning permission
- You have applied for planning permission and/or appealed against a decision to refuse planning permission and it has been refused
GOLDEN RULE: Time is of the essence! Contact either FFT or TAT or whoever it is you want to use as soon as you receive notice of an eviction.
If you leave it until the night before the police or bailiffs are due to turn up to contact someone, dont expect much of a result.
Please remember that the fact that you own the land or whoever owns it has given you permission to stop on the land, does not mean anything if you do not have planning permission from the local planning authority.
In law, you are only allowed to stop on land (any land) for 28 days in any one year without the benefit of planning permission.
The only exception to this is if you are employed as a seasonal worker (i.e., in agriculture or forestry) contracted to work for a specific season. Depending on the acreage of the land, specific numbers of seasonal workers are allowed to live on the farmer or landowner’s land during the course of work without requiring planning permission.
Like all other forms of eviction, enforcement orders under planning law are complex and there are a range of issues that will need to be taken into consideration when deciding what course of action to take. You should seek advice immediately from TAT, FFT or any other planning advisor you can find if you receive notice of enforcement action against you.
For general information about the planning system, evictions and Travellers, Read our Guide to Planning.
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