Minutes of the previous meeting were then noted and Jim advised that these were available on the group web-site [>>]. Hard copies are also available upon request. Jim paid tribute to Tan Ikram (Barrister-at-Law) who gave an excellent presentation at the last meeting. He was pleased to announce that Tan had agreed to speak at a future meeting sometime toward the end of the year.

Jim then announced that Chelmsford Council had agreed to sponsor the next meeting (15 July 2005) and that the venue would be the Metropolitan Police Club, Chigwell. Jim then made a plea for Authorities to assist as sponsors/hosts willing for future meetings, especially the one proposed for the end of the year. Jim explained that the Group is prepared to organise the venue and catering. He urged any 'volunteers' to contact him as soon as possible as preparation for meetings require a 6-9 month run in.

Jim then paid tribute to Paul Corbett for his magnificent work as web-master of the Group's web-site. Paul has been known to work at weekends to maintain the site and Jim had great admiration for his efforts. There is no charge to view the site and there is also a Group Notice Board. This Notice Board would be a good opportunity to share ideas and pose questions to the Group. Jim asked the audience to make use of this important tool. The Group's web site can be found at www.seog.co.uk or www.seog.e-planning.co.uk

Jim talked briefly about an injunction that at the time of the meeting was being applied for on behalf of Woking District Council. The application related to an unauthorised encampment of Gypsies/travellers. In the course of their considerations, Officers at Woking had been required to determine whether or not a second Enforcement Notice would have to be served, the first such notice having been complied with prior to the re-sale of the land in question. Jim had been asked to inform delegates of the decision in PROSSER v SHARP 1985 ( JPL 717 DC ) which makes it clear that there is no need for planning authorities to consider issuing a further Enforcement Notice is not required in such cases

LESLEY DOLAN (Legal Services Practice Manager & Council's Data Protection Officer, Surrey Heath BC) - An overview of the Freedom of Information Act 2000.

Lesley gave an informative overview of the Freedom of Information Act and how it would affect the work place. Her presentation began with a summary of the Act, followed by an explanation of the New Rights of Access. Lesley explained that the public would have no obligation to say why they required the information and it was not limited to the residents in the authority. Local Authorities could charge for some requests but there were certain regulations regarding this. Lesley detailed exemptions and the Codes of Practice relevant to the Act. At the conclusion of her presentation Lesley responded to various questions including how obvious an individual's request for information under the Act should be. If it was not obvious to the officer, clarification should be sought. Confidentiality was also discussed, Lesley advised that a clear record be made in order to confirm that a report/complaint has been made in confidence. In addition, advice was given not to provide a document under the requirements of F o I Act, in which confidential data can be seen to have been blanked out but in fact to produce a further document in which only non-confidential/ relevant information is given.

Notes of Lesley's presentation are attached to the minutes. [>>]

DANIEL FARRAND (Solicitor with Mills and Reeves specialising in Planning and Environmental Law, with experience of enforcing against unauthorised gypsy site) - Gypsies and the Planning System.

Daniel (who came highly recommended by Tom Wenbourne of Dartford Council) gave a detailed presentation on unauthorised occupation of land. He explained it is easier to remove gypsies from council, rather than privately owned, land by use of the increased powers granted under the Criminal Justice and Public Order Act, 1994. However, the problems associated with unauthorised occupation of land have highlighted the need of both permanent and transit sites for travellers. In addition, local authorities need to consider the requirements imposed by The Human Rights Act when deciding upon action in order to deal with sites occupied by gypsies/travellers and aim to strike the right balance between the public need and the rights of those individuals involved.

Daniel stressed that it is important to get the authority's policy right at the very beginning and to improve communication council-wide. The first indication of the unauthorised occupation of land may not necessarily come via Planning, therefore wider policies would make communication more efficient. Local Authorities need to engage with other agencies, such as, the Police, residents and the gypsy community. This will demonstrate that Planning Authorities have considered the needs of gypsies, thereby providing a far stronger case when seeking intervention by the court(s).

Daniel discussed the various stages of enforcement including needs assessments, building a team and access needs of the site as a whole. In addition, he mentioned the 'pros and cons' of issuing enforcement notices and the various methods for enforcement.

Members of the Group commented upon the frustration that is experienced by Local Authority officers when the High Court continually postpone proceedings for contempt of an injunction.

Daniel recommended that 'needs assessments' should be carried out right throughout the occupation of the land.

Sharon Threlfall ( Hertfordshire County Council ) made a plea on behalf of the organisers of Red Nose Day, all donations gratefully received. There would also be a sweepstake during lunchtime from which half the proceeds would make up the prize for the winning individual and the remainder to be donated the Appeal

BRIAN HYAMS AND JOHN SEDDON (Environment Agency) - Hazardous Waste

Brian and John gave a joint presentation on the subject of hazardous waste, it was explained that any substance that may be considered liable to cause harm to the public could come within this classification. Brian informed the group that the illegal deposit of waste was on the increase, whilst the number of landfill sites had been reduced considerably. Local Authorities should input details of their own waste incidents onto the 'Fly-capture database'. Brian discussed the Hazardous Waste Regulations, including the proposed regulatory changes and the European Waste Catalogue. He explained that each waste type had a 6-digit number in the catalogue.

As there are only 8/9 Environment Agency officers to monitor waste, within the Greater London area, Brian said that Local Authorities may be responsible for monitoring waste within their own areas in the near future. Brian and John stressed the importance of educating the public about hazardous waste and the need for Local Authorities to ensure that they have a robust waste management strategy in place.

Brian and John advised that there were various useful web-sites on the subject of waste, details of which will be annexed to the minutes along with the presentation notes.[>>]

The Environment Agency contact number is 0845 807060 and Brian's e-mail is brian.hyams@environment-agency.gov.uk

CLOSE OF MEETING

Jim Lynn thanked the speakers who had kindly given of their time and to all the delegates for attending the meeting. He apologised that due to time constraints Bob Moon was unable to give his talk on County Matters but the notes will be posted to the web-site.[>>]

Jim reminded everyone that the CPD certificates had been produced and were ready for collection.

A flyer was distributed to all about a case where an argument on whether two separate breaches of enforcement notice under section 179(5) can be prosecuted on the same occasion. This was written by Tan Ikram and can also be found annexed to the minutes on the web-site.

NEXT MEETING FRIDAY 15TH JULY 2005 - VENUE: METROPOLITAN POLICE HQ, CHIGWELL - SPONSORED BY CHELMSFORD BOROUGH COUNCIL.

- "An over view of the Freedom of Information Act, 2000"

- "County Matters"