Ministers vow to give councils more freedom in traveller site provision

The government has launched a consultation on a new single Planning Policy Statement for traveller sites that promises to give councils greater freedom to determine provision.

The Department for Communities and Local Government has also announced that it will provide £1.2m in funding to Basildon Council to help clear unauthorised pitches at the Dale Farm traveller site “given the exceptional nature of the case”.

According to the DCLG, the draft planning policy statement is designed to give councils “the freedom and responsibility to determine the right level of traveller site provision in their area, in consultation with local communities, while ensuring fairness in the planning system”.

The stated aims of the new “light touch” policy are to:

• enable local planning authorities to make their own assessment of need for the purposes of planning
• enable local planning authorities to use their assessment of need to set their own targets for pitch/plot provision
• encourage local planning authorities to plan for sites over a reasonable timescale
• protect Green Belt from development
• ensure that local planning authorities, working collaboratively, develop fair and effective strategies to meet need through the identification of land for sites
• promote more private traveller site provision while recognising that there will always be those travellers who cannot provide their own sites
• reduce the number of unauthorised developments and encampments and make enforcement more effective if local planning authorities have had regard to thepolicy
• ensure that the development plan includes fair, realistic and inclusive policies
• increase the number of traveller sites, in appropriate locations with planning permission, to address under provision and maintain an appropriate level of supply
• reduce tensions between settled and traveller communities in plan making and planning decisions
• enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure.

The single planning policy statement will replace Circular 01/2006: Planning Gypsy and Traveller Caravan Sites and Circular 04/2007: Planning for Travelling Showpeople.

The DCLG suggested that the old planning rules had led to a perception of special treatment for some groups and harmed community cohesion.

“Ministers believe planning regulations have seriously harmed community relations over the last few years, by imposing targets for traveller sites on local councils, increasing the number of unauthorised sites, and compelling councils to encroach onto the Green Belt,” it said.

The Department also announced that section 318 of the Housing and Regeneration Act 2008, on which it has already consulted, will come into force on 30 April.

This will amend the definition of a protected site in the Mobile Homes Act 1983 to remove the exclusion of land occupied by a local authority as a caravan site providing accommodation for gypsies and travelers.

“This will mean that the Mobile Homes Act 1983 will apply to these sites and rights and responsibilities of residents living on them will be brought into line with those of residents living in similar caravan site accommodation, such as private gypsy and traveller sites and park home sites,” the DCLG said. The move is a response to the ruling by the European Court of Human Rights in Connors v United Kingdom [2004].

Communities Secretary Eric Pickles said: "Top-down planning diktats led to the worst of both worlds – more unauthorised sites and worsening community relations. It's time for fair play in the planning system – standing up for those who play by the rules, and tougher action for those who abuse and play the system.

"We are giving councils the power and discretion to protect the environment and help rebuild community relations. Clearer planning guidelines will make the planning system easier for all to understand.”

Pickles suggested that a small minority might still try and abuse the system, and called on councils to be particularly vigilant over the extended Royal Wedding and Easter weekends.

Ministers claimed that the single planning policy statement was part of a package of measures to improve the provision of traveller sites, including:

• Stronger enforcement powers for councils to tackle unauthorised development more effectively. A number of these measures are contained in the Localism Bill
• Stronger powers for councils to limit the opportunities for retrospective planning applications
• Stronger rights for residents of authorised council sites
• New incentives for councils to build authorised sites through the New Homes Bonus scheme
• The provision of £60m in funding that councils and other registered providers can access to provide new authorized sites
• Training support for councillors.

The draft single planning policy statement can be accessed here.

Philip Hoult