Government Unveils New Sites Policy
A 'new, light touch' framework: Communities Secretary Eric Pickles
THE COALITION GOVERNMENT has unveiled its new draft policy for Gypsy and Traveller sites, and is inviting responses from the public before the policy is finalised.
The new planning framework forms part of the government's Localism Bill, which is still being debated in parliament, and aims to fit in with its 'Big Society' agenda.
The new policy is intended to be 'light touch' and to replace the existing planning circulars. With regard to Gypsy, Traveller and Showmen's sites, the key circulars that are being replaced are Circular 01/2006: Planning for Gypsy and Traveller Caravan Sites and Circular 04/2007: Planning for Travelling Showpeople.
This means that the existing regional spatial strategies (RSSs) will be abolished in order to give local councils more power over decision making when it comes to Gypsy and Traveller sites, as well as over-winter sites for the Showman community.
The regional spatial strategies, which helped sustainable sites such as Lower Harker in Carlisle to be built (above), are to be abolished
The ability to apply retrospectively for planning permission is to be phased out entirely, with up-front planning seen as the best way forward. This move will close one of the few openings that enables Gypsies and Travellers to begin development without placing a prior notice of permission sought on their property.
The need to place such notices, which typically include the words 'Gypsy' and 'Traveller' on them, is a well documented cause of ethnic tension in local communities, where the desire to keep an area ethnically free from Gypsies and Travellers is still openly debated at council level.
In a further move, local authorities will enjoy a boost to their powers to prevent unauthorised developments, with the fine for failing to apply in advance increased by 150%, from £1000 to a new maximum of £2500.
This will be balanced by moves to help offer those living on local authority (council) sites improved protection against eviction, including security of tenure, which has only recently been introduced for residents.
The DCLG released the new consultation document last week
The Department for Communities and Local Government, run by Communities Secretary Eric Pickles, released its 89 page document outlining the new system last week, and it is available here on the DCLG website.
As well as the end of the regional strategies, a key development is the inclusion of Gypsy and Traveller pitches under the New Homes Bonus scheme as of April 2011. This will, in theory, give local councils an incentive to provide new sites.
In a clear retreat from the DCLG's initial stance on site funding, the document states that grant funding for Gypsy and Traveller sites will return this month, to the tune of "£60 million over the spending review period".
According to the document, the DCLG intends to:
• Include traveller sites in the New Homes Bonus scheme, to incentivise local planning authorities to provide appropriate sites
• Resume traveller site grant funding from April 2011
•Set up a cross-Government, ministerial-level working group to address the discrimination and poor social outcomes experienced by traveller communities (this has already happened)
• Bring local authority traveller sites into the Mobile Homes Act (1983) to give residents improved protection against eviction
• Contribute funding to Local Government Improvement and Development to support their programme of work with elected members on traveller site provision
• Limit the opportunities for retrospective planning applications, in relation to any form of development
• Provide stronger enforcement powers for local planning authorities to tackle breaches of planning control
• Abolish undemocratic regional strategies and the top-down housing and traveller pitch targets they contain.
It will no longer be possible to seek planning permission retrospectively
The consultation document states the reasons for the coming change in planning policy, and is sure to cause concern among Gypsies and Travellers for the way it describes the current situation with respect to planning law.
Whereas planning statistics show that Gypsies and Travellers suffer a 90% likelihood of refusal for any application under current law, the DCLG document implies the opposite. It states that 'There is a perception among many that currently policy treats traveller sites more favourably than it does other forms of housing and that it is easier for one group of people to gain planning permission particularly on sensitive Green Belt land.
'This has led people to believe that the system is unfair and this has led to tension and undermined community cohesion.'
By contrast, the document does acknowledge the government's duty to protect Gypsy and Traveller rights under equalities and human rights law.
'the Government also recognises the need to provide transit sites to facilitate the travel undertaken by these groups to maintain their traditional way of life', it says.
-
The consultation period for responding to the new draft policy began on 13 April 2011 and ends on 6 July 2011.
For enquiries, contact Paul Williams
via telephone on 0303 44 41223 or email: paul.williams@communities.gsi.gov.uk
Responses are invited via email to email to: travellerspps@communities.gsi.gov.uk
CLICK HERE to watch 'Sites and Rights', a 2-part documentary film by Rural Media Company which looks at the reasons for the shortage of sites and what could be done to sort out the problem.