Van dwellers look to challenge injunction obtained by local authority aimed at dispersing community

A group of defendants are reportedly set to challenge an injunction obtained by Bristol City Council banning public urination and defecation and the usage of threatening language on a stretch of road occupied by up to 40 people living in vans.

A possession order was also issued for persons unknown who are occupying or residing in any motor vehicle along the road to leave.

According to the council, the community of van dwellers along Greenbank View Road has grown substantially since 2021 from around three vans to more than 40, leading to a rise in complaints from residents.

Complaints included issues with blocked pavements, fires, littering and human waste being incorrectly disposed of, the council said. The rise in complaints prompted the council to seek legal action.

Last month (18 April), District Judge Brown sitting at Bristol County Court, issued an injunction that prohibits persons unknown from: "Using aggressive, threatening, foul or intimidating language to any person lawfully on Greenbank View."

It also probits defecating and urinating in public places on any pathways and highways including Greenbank View Road and the adjacent streets "plus on any land including the school premises, cemetery, nursery school premises, wooded area and residents' gardens".

Brown DJ found section 4 of the Anti-Social Behaviour, Crime and Policing Act 2014 to be satisfied. They were also satisfied that the conduct "consists of or includes violence".

A power of arrest is attached to the injunction.

But the van dwellers are set to challenge the injunction, according to a report from the BBC.

The report noted that the van dwellers said they believed the ruling to be "unfair". It added that they argued they have no choice but to live in their vans, given the city's high rent cost.

A further hearing at which the court will reconsider the council’s application and whether the order should continue is set to take place on 30 May. The injunction is due to last until October.

The city council said it sought the injunction after multiple visits to the encampment since November 2021 and after requests for vehicles to be removed from the pavement had been ignored.

It added that the impact of the encampment was reassessed and is now considered 'High Impact', according to its vehicle dwelling encampment policy.

Commenting on the injunction, a spokesperson for Bristol City Council said: "The vehicle dwelling encampment policy allows us to take action in cases of anti-social behaviour while considering each situation on a case-by-case basis so, after carrying out welfare checks, we started legal action to move the vehicles on from this site.”

The statement added: "We want to balance the needs of everyone living in Bristol, both of those living in vehicles and residents so our approach must be compassionate and fair. We continue to tackle the housing crisis, building 2,563 new homes last year, including more affordable homes than for any year in more than a decade.

"The occupants of Greenbank View were previously offered 15 spaces at meanwhile sites but these were not taken up. There is now a high demand for places at our meanwhile sites, but they can still join the waiting list for a pitch."

'Meanwhile sites' are plots of land that are earmarked for development but are yet to be built on. The council is allowing van dwellers to use the sites in the meantime.

Adam Carey