Planning Reforms for Gypsies and Travellers

GATE Herts look at the new planning reforms for Traveller sites and offer some handy tips for those wanting to plan, develop and build their own private Traveller sites.

On 12 December 2024, the government published its response to the proposed reforms to the National Planning Policy Framework and related planning system consultations. These reforms bring significant changes to the planning framework for Gypsies and Travellers, including a partial return to pre-2015 policies, greater alignment between site provision and general housing, and a groundbreaking redefinition of key terms. While still not perfect this announcement is a significant development for the Gypsy and Traveller communities, addressing long-standing barriers in the planning system. The planning policy changes could provide more fairness and support for those seeking planning permissions.

The updated planning definition: 

Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, and all other persons with a cultural tradition of nomadism or of living in a caravan, but excluding members of an organised group of travelling [showmen] or circus people travelling together as such.

Key Changes in Planning Policy:

1.    Revised definition of “gypsies and Travellers” in the PPTS.
2.    Commitment to a wider review of PPTS
3.    No Longer Required to Travel to Get Permission
For people with a tradition of nomadism, being forced to demonstrate active travelling to gain planning approval has been a common hurdle. This change recognises cultural traditions without requiring unnecessary movement.
4.    Easier Permissions in the Green Belt
Traditionally, gaining approval for sites in the Green Belt has been notoriously difficult. Allowing more permissions here provides greater flexibility, especially in areas where other land options are limited.
5.    Shortage of Sites Eases Approval
If local councils have failed to provide adequate numbers of sites, this carries weight, making it harder for councils to justify refusals based on impact on the countryside etc
6.    Grey belt Land 

Grey belt refers to areas within the Green Belt that are previously developed land or land that does not significantly fulfil purposes (a), (b), or (d) outlined in paragraph 143. It excludes any land where other policies listed in footnote 7 provide strong reasons to restrict or deny development.

What can Gypsies and Travellers do? 

Act Quickly:

These changes are in place now, but as mentioned, future governments might reverse them. Act now while the policy is favourable. 

Get Professional Advice:

Not all sites will qualify for approval even with these changes. Consulting planning experts or legal advisors before purchasing land or applying for permission is essential to avoid costly mistakes.

Remaining Gaps:

Council-Provided Sites:

While this is positive news for those who can afford to buy land, the lack of emphasis on council-provided sites leaves a gap for those without financial resources to purchase land. Advocacy may still be needed to push for more equitable solutions.

Are you thinking about submitting a planning application? 

Understand Your Land and Its Suitability:

Before applying, ensure your site has a good chance of approval:

Check Local Plans: 

Look at your council’s Local Plan or Traveller Site Allocation Plan (if they have one). Does your site fit the criteria for new Traveller sites?

Site Characteristics:

Is it near local services (e.g., schools, shops, medical facilities)?

Does it have access to amenities 

Is the land at risk of flooding or contamination?

How safe is the access? 

Avoid sites in highly protected areas like Sites of Special Scientific Interest (SSSI) and national parks.

Green Belt Considerations:

If your site is in a Green Belt and there is a shortage of sites, it should be easier to get permission. Remember that the new changes make it easier to get permission, but you’ll still need to demonstrate that your site has a limited impact on openness, minimal environmental impact, and serves a real need.

Preparing Your Planning Application: 

A strong planning application is critical:

Hire a Planning Consultant:

Find a professional who has experience working with Traveller applications. They’ll help you prepare plans, address potential council concerns, and increase your chances of approval.

Include Supporting Documents:

Your application should include:
A site plan showing the layout (caravans, parking, access, landscaping).
A design and access statement, explaining why the site is suitable and how it meets local and national policies.
A flood risk assessment if applicable. Councils may ask for additional and often expensive technical evidence on a range of issues such as trees, wildlife, foul drainage, surface water drainage and noise. 

Highlight Policy Changes:

Refer to the recent planning changes to show how your application aligns with the updated policies, especially regarding local site shortages and cultural needs.

 Keep in mind that some sites will still be unsuitable, so get proper advice before buying land or applying for permission.  This is good news for people who have bought land.  What the Government hasn’t done, so far, is make it easier for Councils to provide new sites for people who can’t afford their land. 

What we also need to change in Traveller planning?

Separate Social and Private Site Needs: Gypsy and Traveller Accommodation Assessments should differentiate between social and private site requirements.

Prioritise Public Site Provision: Public site needs should be addressed through direct provision rather than site allocations. In Green Belt areas, national policy should allow public site needs to outweigh the harm to the Green Belt, establishing "very special circumstances"

Reintroduce the Statutory Duty to Provide Sites: A statutory duty, such as the one under the Caravan Sites Act 1968 (repealed in 1994), should be reinstated. Evidence shows that site development stagnated after the duty was removed, with only 30 socially provided sites built between 1994 and 2023, compared to 119 before 1994.

By GATE Herts

(Photograph: Appleby 2024 (c) Eszter Halasi)