A PROTESTOR who has set up camp on Kendal's New Road has been given 48 hours to leave the common land. 

Speaking to the Gazette earlier this week, Jeff Hayton said that he was living on the car park to protest its closure.  

A notice posted on Jeff Hayton's tent by South Lakeland District Council this afternoon (Friday) states that he is 'unlawfully occupying' the land.

"I act on behalf of South Lakeland District Council and hereby direct you leave the above-mentioned land within 48 hours and remove any vehicle, tent and any other property that you have with you on the land," the notice reads.

"This direction is issued to you as you are occupying and using the land in contravention of the 1951 Byelaws with respect to commons in the Borough of Kendal made under s.1 Commons Act 1899; specifically, you are in breach of the following:-

  • s.7 which states a person shall not without lawful authority draw upon the Common any carriage, cart, caravan, truck or other vehicle, or without consent of the Council or other lawful authority erect upon any building, shed, tent, fence, post, railing or other structure whether used in connection with the playing of games or not;
  • s.9 which states that a person shall not without the consent of the Council light any fire on the Common
  • s.15 which states that a person shall not wilfully obstruct, disturb, interrupt or annoy any other person in the proper use of the Common, or hinder or obstruct any Officer of the Council in the exercise of his powers or duties under the scheme or under any of the byelaws

"Failure to leave the land as directed may result in criminal proceedings pursuant to the byelaws. Such proceedings may result in a fine of up to £2.00 per offence per day.

"Failure to comply may also result in Officers of the Council exercising their powers under s.17 of the Byelaws to remove any person who, within his view, commits or whom he reasonably suspects of committing, an offence against any of the byelaws."

The Gazette has contacted SLDC and a spokesperson has confirmed that the notice was placed on Mr Hayton's tent at around 2.30pm today (January 19).