Look before you leap
Before the General Election the Conservative Party published a document called ‘Open Source Planning’ which contained various proposals regarding Gypsies and Travellers.
The paper stated:
‘Local authorities have a role to ensure the provision of suitable authorised sites to tackle genuine local need for their area in consultation with local communities. In addition, recent UK case law has clarified that Councils need to provide authorised sites locally if they are to be able to take effective action against unauthorised sites, even though enforcement still remains a major problem.’
Significantly, the Conservatives seem to recognise that enforcement action should not be taken unless there are sufficient authorised sites in the local area.
The paper continues:
‘Where, therefore, Councils have made appropriate provision for authorised sites in their area which reflect local need and historic demand, we will provide them with stronger enforcement powers to tackle unauthorised development and illegal trespass. In addition we will introduce a new criminal offence of intentional trespass.’
Though people have been very concerned about the reference to ‘intentional trespass’ it is important to note that this section begins, once again, with an indication that there ought to be appropriate provision for authorised sites in the area.
The paper continues:-
‘At the same time, it is important that settled Council taxpayers do not foot the bill for construction of new authorised sites. We will also therefore reform the system of Traveller site funding to Councils so that Councils are properly compensated for new sites and require Travellers to make a contribution to the appropriate cost of services on authorised sites.’
Regrettably one of the earliest actions of the Coalition Government has been to remove this year’s provision of money for the Homes and Communities Agency Traveller and Gypsy Site Grant. However, we note that there is a commitment in the pre-election paper to provide funding to local authorities and wait to see what provision is made.
The paper also contained an indication that the Human Rights Act would be repealed and replaced with a ’new British Bill of Rights’. However, following the election, the Coalition Government published a paper entitled ’Our Programme for Government’. With regard to the Human Rights Act, this states:-
‘We will establish a Commission to investigate the creation of a British Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in British law, and protects and extends British liberties. We will seek to promote a better understanding of the true scope of these obligations and liberties.’
So it seems that the Coalition Government no longer intends repealing the Human Rights Act.
The ‘Open Source Planning’ paper continued:-
‘The Labour Government has used the regional planning system and top-down targets to force local planning authorities to build new traveller camps, often on Green Belt land and, if necessary, use their compulsory purchase powers to obtain land for these new traveller sites. Conservatives disagree with top-down building targets, be it for traveller camps or new houses. As part of the abolition of Regional Planning and the Regional Spatial Strategies, targets for the provision of traveller camps will be scrapped. In addition we will also scrap John Prescott’s controversial guidance on travellers.’
In a letter sent to all local planning authorities of 27th May 2010, the new Secretary of State for Communities and Local Government , Eric Pickles, stated:-
‘I am writing to you today to highlight our commitment in the Coalition agreements where we clearly set out our intention to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local councils. Consequently, decisions on housing supply (including the provision of traveller sites) will rest with Local Planning Authorities without the framework of regional numbers and plans.
I will make a formal announcement on this matter soon. However, I expect Local Planning Authorities and the Planning Inspectorate to have regard to this letter as a material planning consideration in any decisions they are currently taking.’
The Secretary of State’s letter contradicts much of the advice on the regional approach to site provision contained in Circular 01/2006 Planning for Gypsy and Traveller Caravan Sites . However, the fact remains that the targets in Regional Spatial Strategies are based on local authorities’ own Gypsy and Traveller Accommodation Assessments (GTAAs) and it follows that in most cases local authorities will still have an obligation to make provision for the need that they identified.
The ‘Open Source Planning’ paper continues:-
‘In addition, our promise to limit the concept of retrospective planning permission will also ensure that another route by which the planning system has been abused by those seeking to use unauthorised sites will be curtailed.’
The well respected Task Force on Enforcement and Site Provision for Gypsies and Travellers had previously advised strongly against the removal of retrospective planning applications, as to do so would affect the whole community and not just Gypsies and Travellers.
It seems that the Secretary of State is in danger of forgetting to look before he leaps. The Coalition Government are committed to adequate site provision and it needs to consider carefully how this is to be achieved. Knee jerk policy changes such as those brought in since the formation of the Coalition Government have thrown matters into confusion and disarray. It is time for the Secretary of State to take stock and to reflect on the best way forward.
Lord Avebury, one of the great campaigners for Gypsy and Traveller rights, is seeking a meeting with the Housing Minister, Grant Shapps. All Gypsy and Traveller support groups are calling on the government to postpone making further changes to policy and legislation until such a meeting takes place and there can be a proper discussion and consultation on the way forward. Otherwise there is a grave danger that all the valuable work done on the assessment of need and the provision of additional sites will be wasted
In the meantime we would also urge the Secretary of State to write to local authorities reminding them that they should identify land to meet the need for additional sites identified in their GTAAs and to remind local authorities that the government remains committed to the provision of an adequate number of sites for Gypsies and Travellers.
Chris Johnson, Travellers Advice Team at Community Law Partnership and Marc Willers, Garden Court Chambers.
The Travellers Advice Team at the Community Law Partnership runs a Community Legal Advice Funded Telephone Helpline (0845 120 2980) which is available Monday to Friday 9.00 am to 1.00 pm and 2.00 pm to 5.00 pm.
Thanks also to our TAT Administrator, Emma Westwood, for organising this blog.