Decision

Thanet District Council (The Council) is the
owner of Land at Ramsgate Port (described as “Land behind
fence in front of the Ferry Terminal,
Western Terminal, Ramsgate Harbour, 21 Military Rd,
Ramsgate CT11 9FT” in documents called “Code of Conduct
for Traveller Negotiated Stopping Site” issued by the
Council in 2021. 
 
In May/June 2021, the Council made provision
of a short term negotiated stopping site for a specific and limited
travelling community, due to a particular set of defined and acute
welfare concerns. The Council as landowner in effect granted
authorisation to those individuals to occupy the site for a
time-limited period, subject to review, as of 14th June
2021. 
 
The Council subsequently sought to direct
those individuals, as well as distinct unauthorised occupiers, to
leave the Land pursuant to section 77(1) of the Criminal Justice
and Public Order Act 1994. However, that decision was subject to a
successful judicial review challenge: see R (SO) v Thanet
District Council [2023] EWCA Civ
398. As the Court of Appeal noted (at ¶15), it was clear
that the Council did not intend for the relevant individuals to
occupy the Land permanently, and that occupation was intended to
last until the acute welfare issues identified at the time of the
grant of the temporary authorisation had passed. 
 
Following the conclusion of those proceedings
and in the light of further enquiries made by the relevant
officers, the Council has taken the formal decision to withdraw
consent and authorisation for those specified individuals to occupy
the Land as a short-term negotiated stopping site. For the
avoidance of doubt, the Council no longer considers that anyone
occupying the Land does so with its consent or authorisation,
including those who were originally granted temporary authorisation
in June 2021. 
 
Following the withdrawal of consent, the
previously authorised occupiers are now considered unauthorised
campers. The unauthorised campers have until the 23rd of October to
vacate the Land. On or after that date, the Council intends to
exercise its statutory powers under s.77(1) of the Criminal Justice
and Public Order Act 1994 and issue a direction to unauthorised
campers to leave land and remove the vehicles and any other
property they have with them on the land. Failure to comply with
any such direction may lead to the Council initiating court
proceedings.