News

The piles of rubbish left by the travellers have been cleared but not without some damage to grassy areas by the vehicles involved. The damage should be repaired soon.

Meanwhile, council officals have replied to a series of questions put to them by the Friends as follows

We at Lambeth are currently developing a media campaign to promote the responsible disposal of bulky waste; it is often the case that people pay cash in hand to someone to remove rubbish cheaply – which then ends up in our parks; it is all of our responsibility to ensure that waste is collected correctly. This campaign will be jointly promoted across boroughs.

And as you are aware we are currently working with the Friend’s Of Streatham Common and the Streatham South Safer Neighbourhood Team in setting up a Park Watch for Streatham Common. We hope that this will promote reporting of issues, sharing intelligence and also acting as a deterrent to those wanting to use the Common for anti social and/or illegal activities.

The council cannot move Gypsies or Travellers on from council land immediately. In reality the length of stay will depend upon the circumstances of each individual case. In Lambeth however, we have a robust procedure to ensure travellers are moved on as quickly as possible; our Parks department work closely with the police and visit all sites reported to them. The police can use powers under Section 61 of the Criminal Justice and Public Order Act 1994, only if particular circumstances apply and this is often the route we use in Lambeth and so travellers are generally moved within 24 -48hours.

However, we are aware that although we may be able to move groups on quickly the mess that is left behind can be substantial. In answer to the specific questions you have raised:

1. Why are the travellers not prosecuted for fly tipping? – It can be extremely difficult to prosecute fly-tipping offences as UK law (outlined within s.33 of the Environmental Protection Act 1990) requires Council’s and other enforcement agencies to obtain specific evidence which outlines the individual/s responsible for the actual deposit of waste material. Information relating to individuals or vehicles present at the time of fly-tipping activity is not sufficient to obtain a successful prosecution in UK law. Fly-tipping prosecutions obtained by Lambeth Council are generally supported by information coming from local communities. Individuals who witness fly-tipping activity are required in the vast majority of cases to provide witness statements which clearly outline the offence and provide Council officers with an opportunity to interview individuals suspected of committing the fly-tipping offence. At this stage the relevant Council officers are seeking to work with local residents to obtain information which may at indicate the origin of the waste material.

2. Or could the vehicles involved be confiscated? We remain unaware of any specific powers which would allow vehicles to be removed immediately in the these circumstances, legislation outlined within the Clean Neighbourhoods & Environment Act 2005 does provide scope for vehicles to be searched/seized in some circumstances, however UK law requires enforcement agencies to seek prior approval from the law courts (seizure warrant etc) where there is specific evidence to suggest that vehicles have been used to commit fly-tipping offences. The approach taken by Lambeth Council has to date focused on the need to remove travellers from the site as quickly as possible.

3. If the answer is that there are no witnesses, isn’t the circumstantial evidence (every time they arrive on this or other Greenspaces, there is substantial fly tipping in the areas they inhabit) sufficient?As previously stated ‘circumstantial’ fly-tipping evidence is unfortunately often regarded by UK courts as either inadmissible or hearsay, the relatively high burden of proof placed on enforcement agencies when dealing with fly-tipping offences requires specific elements to be proved – the main element being that a specific individual/s illegally deposited waste material – prosecutions cannot be secured without this information (who exactly would be prosecuted?).

4. Should local residents try and witness the fly tipping on future occasions? Lambeth Council fully supports efforts made by local residents to work with Council officers to identify those engaged in fly-tipping offences, however there is of course a need to ensure that this is done in the safest possible way. Officers within Lambeth Council’s Parks & Open Spaces department have been tasked with the responsibility of developing mechanisms which allow local residents to report fly-tipping issues quickly – these mechanisms will of course need to provide advice and guidance on what information is required to help the Council to take specific enforcement action.

5. Can the travellers be prosecuted for driving on the Common and churning up the grassland?

The short answer is potentially yes, using legislation for Driving on Common Land or Criminal Damage; however, it will depend upon our identifying a perpetrator and having an address upon which to serve him or her with court papers and witnesses to the acts providing statements. 

6. Can anything be done to prevent the anti-social behaviour of the travellers when they are present? If anti social behaviour is witnessed, then residents or visitors to the parks should be reporting this at the time of the incidents; I would strongly suggest that the police non emergency number 101 is called at the time of the incident or in an emergency 999. These reports can be used then against long term solutions such as injunctions.

7. Prosecution for fly-tipping can take up to six months, the process to follow is:

–          Gather the evidence

–          Take statements of witnesses

–          Confirm details of who did it

–          Interview them under caution

–          Get legal advice on the case

–          Apply for court date (which may be a month or so wait)

–          If they do not turn up, may get adjourned or may be heard in their absence

The fine is up to £20K fine or 6months imprisonment.

All cases that go to court are lengthy, and sometimes gets adjourned several times before it is finally heard. It is very difficult to put a time scale on it.

A group of travellers drove into the Common’s main woodland yesterday (Sunday) churning up a track of grassland where they entered and dumping truckloads of household and other waste in and around the woods. A council official in attendance on Monday morning was about to instigate the process for their removal. The waste, however, is almost certainly going to have to be removed at the Council’s expense. UPDATE – the travellers moved on later on Monday, leaving the waste behind them. Clearance of the waste should start by the end of the week.

The sundial in the Rookery, which was donated by the Friends of Streatham Common earlier this year to mark the Rookery’s centenary, has already been vandalised. The brass gnomon – the bit that casts the shadow onto the dial – has been wrenched off, also causing some damage to the slate surface of the dial.

The new sundial was a replacement for one that was stolen about three years ago. That one was all brass and probably taken for its value as scrap metal. We chose therefore to replace it with a sundial that was slate apart from the gnomon, the scrap metal value of which can be no more than a few pence, which is probably why it was found nearby rather than taken.

You may have heard the news of the incident on the Common on Monday 9 September.

Mondays incident is very unusual and because of the nature of the crime Lambeth Parks have offered to help police with the appeal for witnesses.  Many local people regularly use the common and we hope that sharing this appeal will help the police with information.  It is worth saying that Lambeth s Parks are safe places with very low levels of crime.

Detectives are appealing for information or witnesses to an attempted sexual assault.

The attempted sexual assault took place at approximately 1145 on Monday 9 September in Streatham Common Southside, SW16. The victim, a woman aged in her 30s, was walking from her parked car through Streatham Common Southside when a man approached her and stated that he had a knife.

He walked her into a quiet area of the common, pushed her to the ground and attempted to sexually assault her. She managed to prevent the attack and immediately called police.

Detectives are asking for the public’s help in identifying the man. He is described as a white man, approximately 5ft 6 inches to 5ft 7 inches tall and of stocky build. He has brown mousy hair and stubble. He was described as wearing gloves, a hooded black puffa-style coat, a navy jumper, white t-shirt, and black jeans.

DI Michael Murfin from the Met’s Sexual Exploitation and Child Abuse Command, said:

“Were you in or around Streatham Common Southside during the morning of Monday 9 September or in the time leading up to or after the attack and did you see a man fitting this description? He was wearing gloves and a thick puffa jacket which may have made him stand out.

“It is possible that he may have been seen in this area in the days before the attack or maybe even approached other women. If you saw him or he approached us please do get in contact with us.”

Additional local officers from Lambeth Borough are patrolling the area, if you have information please stop them and pass it on.

Anyone with information should contact the investigation team on 020 8649 2419 or alternatively contact Crimestoppers anonymously on 0800 555 111.

Thanks to our Heritage Lottery Funding, we now have a vacancy for a Rookery Centenary Gardens Project Co-ordinator.

View and download our advert, read the job description and details about the centenary project here.

Supported by the Friends of Streatham Common, the Streatham Common Co-operative (SCCoop) hopes to take over the management and running of the Common and the Rookery. SCCoop would have a large membership of local people and employ dedicated and easily identifiable staff to work on the Common.

If this idea appeals to you, find out more and show your support by signing up at sccoop.org.uk

The Rookery has been awarded a Green Flag, the national standard for parks and green spaces, at the first time of asking. To be granted a Green Flag a park must reach exceptionally high standards. And it needs to keep those if the award is to be retained in subsequent years.