Dear Elmbridge Borough Council,

Please provide details of all instances where notice has been given by the council under sections 77-78 of the Criminal Justice and Public Order Act 1994 ("The Act") since 31 December 2016. For each instance please supply the following details:

[if held] The date on which the unauthorised encampment was established
The piece of land to which the notice related
The date on which notice was served under S77 of The Act
The date on which an order under S78 of The Act was granted by a Magistrates Court
Any instances where a S78 order was refused by a Magistrates Court
[if held] The date on which the land was vacated, and whether this was voluntary or enforced by Bailiffs.
Instances on which the same piece of land has been re-occupied within 3 months of a S77 order being granted relating to that land.

Yours faithfully,

John Kelly

Freedom of Information, Elmbridge Borough Council

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Elmbridge Borough Council

High Street, Civic Centre, Esher

Surrey, KT10 9SD


01372 474474



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Ian Burrows, Elmbridge Borough Council

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Thank you for your email of 8 August where you requested information about the use of Section 77 powers.

The information you requested is attached

The Council operates a presumption of openness in its access to information. It provides much information outside the provisions of the Freedom of Information Act and it will continue to do on a “business as usual” basis. Persons do not need to engage the statutory provisions to access all reasonable information about the Council and its services.

If, for whatever reason, you are unhappy with our response, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to Head of Legal Services, Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10 9SD.

Please remember to quote the reference number above in any future communications.

Should you then remain dissatisfied at the outcome of that process, you are entitled to appeal against the decision by contacting:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 08456 30 60 60 or 01625 54 57 45

There is no charge for making an appeal.

Yours sincerely,

Ian Burrows
Head of Leisure and Cultural Services
Elmbridge Borough Council
Civic Centre, High Street, Esher, Surrey, KT10 9SD

Tel: 01372 474572
[email address]

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Dear Ian Burrows,

Thank you for your response however I note that only data since February 2018 has been provided, not since December 2016 as requested. Please could you provide the missing data (unless no illegal encampments were reported between December 2016 and February 2018, which I consider highly improbable).

Yours sincerely,

John Kelly

Ian Burrows, Elmbridge Borough Council

1 Attachment

Dear Mr Kelly

My apologies for not picking up on the earlier date in your request. Please see the remaining information attached.
Please note that as time has moved on we have recorded more information for each incursion hence the format in the above is different from the current year but should provide you with all of the information you require

Kind regards
Ian Burrows

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