Judgment Approved by the court for handing down.
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convenience of the injunction area was attractive, and often because it enabled members of the Travelling community to run their commercial enterprises most efficiently. The same is clear from the scale and nature of the fly-tipping that was associated with some encampments (which included commercial and green waste); these people were not simply passing through the Borough and in need of a place of a temporary place of rest.”
The three preliminary questions: (2) exhaustion of all reasonable alternatives
67.Mr. Williams has provided detailed evidence as to how the Injunction is managed and he points to constructive dialogue whereby its content is explained to those who may be about to breach the Injunction and there has not been a requirement to move to enforcement. The Council operates a Memorandum of Understanding with the Hampshire Constabulary which includes operational guidance on the management of encampments within the Injunction Area. There will be some circumstances where, as both the Council and Hampshire Constabulary acknowledge, there will be tolerance even within the Injunction Area. In other words, it is emphasised to the court that the Injunction is not blind to compelling welfare needs. 68.In relation to the family, there has been and is ongoing interactions over their housing requirements with the offer of previous properties. These previous offers have been rejected by the family as unsuitable. Mr. Williams’ evidence shows that the Injunction has been cost saving in that the one unlawful encampment since the Injunction did not result in costs of clean up as the Injunction was used to move the encampment in a matter of hours.
The three preliminary questions: (3) steps to control or prohibit unauthorised encampments by other measures and powers
69. In particular, the First Claimant has relied on the alternative powers contained within the Criminal Justice and Public Order Act 1994 (‘CJPO 1994’), ss77- 78. However, they have not been effective, and enforcement is costly. In the
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