Brill Parish Council Encroachment Policy
Introduction
This Policy is based on guidance suggested by the Bedfordshire, Buckinghamshire and Oxfordshire Wildlife Trust (BBOWT). Its purpose is to guide parishioners, Councilors and the Clerk in the management of potential encroachment concerns. To safeguard the security and extent of the Common and Village Green for the enjoyment of all in perpetuity.
Please note:
Brill Parish Council will not, under any circumstances, acknowledge or consider reports that are submitted anonymously. All reports received will be added in the first instance to the Parish Communications Database.
All communications should ideally be addressed to the Clerk (contact details below and on our website) however they can also be made to a Councilor if need be. Individual Councilors are not authorised to resolve encroachment concerns so please do not expect a Councilor to deal with the matter immediately.
Definition of Encroachment: any action taken by any individual or group to deny or restrict access to the public of any part of the Common or the Village Green, or to imply ownership of any part of the Common or the Village Green, without the permission in writing of the Parish Council
Encroachment on land that is managed by the Parish Council may be, but is not limited to, the following:
Denying access to Common land/Village Green
Erecting any structure
Disposal of garden or building waste
Placing markers, such as stones, to establish a boundary
Adding hard surface (i.e. for parking etc.)
Installing fencing
Building a wall
Digging a ditch to establish a boundary
Abandonment of vehicles
Long-term parking of items such as caravans
Maintenance of the land, such as planting or mowing grass/strimming ‘weeds’ etc.)
3. Managing Boundaries
The Parish Council take a pro-active approach to managing boundaries. At least 2 Councilors will participate in an annual ‘beating of the bounds’ to check for possible encroachments to check for potential encroachments. These will be logged on a standard form (Appendix A) and stored securely for future reference.
The Parish Council reserve the right to grant permission, request removal or arrange for removal at the responsible party’s expense.
3. Initial Encroachment Report Procedure
Encroachment concerns can be raised to the Clerk using one of these methods:
face-to-face
telephone (answer phone out-of-hours; be sure to leave your name and phone number)
letter
email
Contact form on the Parish Council website
NOTE Concerns cannot be submitted through Facebook or other social media.
The Clerk will acknowledge receipt of the concern in writing, within 7 working days.
Two Councilors or one Councilor and the Clerk will complete a site visit to assess, photograph and complete the Encroachment Assessment form (Appendix 1) within 3 weeks.
Once the assessment is complete, the two Councilors/Clerk and Councilor will decide whether an encroachment has occurred. If it is deemed so, then a letter will be sent (Appendix 2) to the relevant party, if not the matter is closed, and the Encroachment Assessment form is completed and kept on file. This decision will be made and actioned within 7 working days. The letter gives the recipient 28 days to respond.
If the encroachment is rectified, a thank you letter should be sent in acknowledgement by the Clerk within 7 working days.
If the party wish to contest the encroachment concern, this must be done in writing and no later than 5 days before the next PC meeting; otherwise, it will have to wait until the following month for discussion.
The PC will discuss the matter in the monthly meeting and respond in writing within 7 working days of the meeting.
In some extraordinary cases the PC may consider giving permission for the encroachment to continue (for example, strimming nettles or placing stones to discourage parking etc.) and will acknowledge this in writing. In all instances, the land remains the property of the Brill Parish Council – the granting of an easement in no way infers the transfer of ownership.
If the PC have voted to deny the contest, a second letter will be sent (Appendix 3). The letter gives the recipient 28 days to respond.
If the recipient is still dissatisfied with the PC’s response, they should then refer to the Escalated Complaints Procedure in the PC’s Complaints Procedure Policy.
If the above timescales are not feasible, the Clerk will inform the relevant party and agree an alternative timescale.
NOTE If an encroachment concern involves a Councilor or the Clerk personally, it should be addressed to the current Chairperson of BPC who will then consult with another Councilor. The timescale detailed above will still apply with one of the Councilors fulfilling the Clerk’s role.
It is hoped that most cases can be resolved quickly and amicably through this route.
4. Repeated or Vexatious Complaints
A small percentage of encroachment complaints may be persistent or complain in a way that appears to be obsessive, harassing, or repetitious. This can be unacceptably time-consuming and stressful for all concerned. Whilst everyone has the right to raise a legitimate concern, they are not entitled to do so in a way that is unreasonable, or which has the effect of intimidating or harassing Councillors, the Clerk or a resident.
A vexatious or persistent complaint can be characterised in a number of ways:
Actions which are obsessive, persistent, harassing, prolific, repetitious.
Insistence upon pursuing unmeritorious complaints and/or unrealistic outcomes beyond all reason.
Insistence upon pursuing meritorious complaints in an unreasonable manner.
A complaint can only be considered vexatious once a decision has been passed to that effect by resolution of the full Council. This decision will then be conveyed to the Complainant in writing, giving reasons. The discussion and decision will be kept confidential.
THIS POLICY
Policy written by Cllr Liz Springs December 2022
Adopted as Brill Parish Council policy January 2023
For Review January 2024 (although as a working document it may be refined earlier to meet changing legal or practical requirements)