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Gypsy and Traveller Issues and Options Consultation Document

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Gypsy and Traveller Issues and Options Consultation Document Gypsy and Traveller Issues and Options Consultation Document Staffordshire Moorlands Local Development Framework - February 2011 Gypsy and Traveller Issues and Options Consultation Document 1 Purpose of this Paper 1.1 All Local Authorities have a duty to provide for the residential needs of gypsies and travellers across their Districts and reflect this within their Development Plan Documents (DPDs). The Council is therefore required to identify future sites for permanent and transit pitches in its Local Development Framework to meet assessed needs. In order to do this the Council must decide the best method or ‘approach’ on how to identify sites. The purpose of this paper is to set out the issues relating to gypsy and traveller sites affecting the District and to outline a number of different possible ‘approach’ options, for both permanent and transit pitches, and seek views on these. Note however that it does not at this stage identify actual sites. 1.2 Any sites subsequently identified as a result of any approach in this paper will be put forward as proposed allocations in a future Site Allocations DPD. The Council is in the process of preparing the Site Allocations DPD and intends to consult with the public on draft site allocations towards the end of 2011. 1.3 For the purposes of this Paper the Council has employed the most recent planning definition of “gypsy and traveller” [as set out in Circular 01/06: “Planning for Gypsy and Traveller Caravan Sites” February 2006] but subsequently amended: "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, but excluding members of an organised group of travelling show people or circus people travelling together as such. Note the use of lower case 'g' and 't' for gypsies and travellers. In this definition it refers to a wider group than just those who belong to the ethnic groups mentioned in the legal definition." 1.4 This definition covers a number of groups – it includes ethnically recognised Gypsies and Travellers [capitalised] but also includes others with a nomadic habit - this is why the “generic” lower case terms are used. Note that whilst Planning authorities must assess the housing needs of all those of nomadic habit they cannot allocate land for only certain ethnic groups. 2 Staffordshire Moorlands Local Development Framework - February 2011 Gypsy and Traveller Issues and Options Consultation Document What this Paper Contains Section 2 briefly explains the historic background of gypsy and traveller legislation and local authority duties with respect to the provision of gypsy/traveller accommodation. Section 3 examines the characteristics of gypsy/traveller groups in the Staffordshire Moorlands, and highlights issues affecting them. Section 4 briefly explains the current planning policy context for gypsy/traveller accommodation provision in the Staffordshire Moorlands. Section 5 discusses the main alternative 'approaches' for identifying both permanent and transit pitch accommodation across the District. Section 6 briefly sets out the next stages in the preparation of this document and related documents in the LDF. Section 7 lists a series of questions relating to gypsy/traveller accommodation in the Staffordshire Moorlands (it also invites suggestions for potential future gypsy/traveller sites) - your comments are invited. Please note that any comments should be returned to the address provided by 4:45PM on Friday 11th March 2011. Staffordshire Moorlands Local Development Framework - February 2011 3 Gypsy and Traveller Issues and Options Consultation Document 2 Background 2.1 Traditionally local authorities had a duty to meet the different housing needs of gypsy and traveller groups (e.g. 1985 Housing Act). Legal duties have, however changed over time (particularly with Government changes) - the 1994 Criminal Justice and Public Order Act, and associated planning circular 1/94 Gypsy Sites and Planning, effectively repealed this duty. But subsequently both the 2002 Homelessness Act and the 2004 Housing Act introduce new legal duties upon local authorities regarding gypsy/traveller accommodation needs. The most recent relevant guidance is the 2006 planning circular 01/06 Planning for Gypsy and Traveller Sites which supersedes the 1994 circular. The main aims of the circular are to increase the supply of authorised (public/private) sites through both the LDF and development control processes “..in appropriate locations..” (responding to a perceived shortage of sites throughout the country and also drawing heavily on sustainability principles). 2.2 Similarly the 2004 Planning and Compulsory Purchase Act had the effect of overhauling the Development Plan preparation system across England such that Local Planning Authorities address improving ‘inclusiveness’ in their Plans (both RSS and LDFs) so they properly reflect the needs and aspirations of all groups in their Districts. The other emphasis of this legislation is that Plans’ overarching Strategies, and therefore site identifications, are based on the principles of sustainable development. New Government Proposals 2.3 In August 2010 CLG Secretary Eric Pickles announced the new Government’s intention to revoke earlier “planning circulars” relating to gypsies and travellers. This was coupled with the announcement that new legislation was being considered, the thrust of which would be to “equalise” the rights to occupancy/protection from eviction of gypsies/travellers to those of other residents upon authorised mobile home sites. On the other hand, ways to strengthen enforcement powers against unauthorised traveller sites will also be considered. 2.4 As part of the new Government’s ‘localism’ approach to planning, through the Localism Bill, it is also intended to allow LPAs to decide their own traveller pitch requirements, according to “local need and historic demand”. For this reason, it is considered the findings of the most recent GTAA covering the District is still relevant as an evidence source, notwithstanding proposed revocation of RSS. The ‘New Homes Bonus’, which will incentivise housebuilding by individual local planning authorities, shall also apply to authorised traveller sites – this is seen as a way of incentivising the provision of additional authorised sites, therefore helping to meet accommodation shortages. Gypsy and Traveller Accommodation Needs Assessment 2.5 Following the 2004 Housing Act Regional Planning Authorities have been commissioning Gypsy and Traveller Needs Assessments (GTAAs) in conjunction with their Regional Spatial Strategies (RSS). GTAAs quantify pitch need per Region 4 Staffordshire Moorlands Local Development Framework - February 2011 Gypsy and Traveller Issues and Options Consultation Document (or sub-Regionally such as across housing market areas), the results of which are then fed into the RSS as a total requirement and then split between constituent Districts. Assessment of ‘needs’ are based on a number of criteria including caravan count surveys, verbal surveys with the gypsy community to identify future demand, demographic change, existence of current authorised sites (or extant permissions), and unauthorised sites etc. 2.6 The North Housing Market Area GTAA (December 2007) covers East Staffordshire District, Newcastle Under Lyme Borough, Stafford Borough, Stoke City and Staffordshire Moorlands District and identifies needs across 5-year periods up to 2026 for each District. For Staffordshire Moorlands (including that part of the Peak Park area lying in the District) a need for 2 residential pitches and 2 transit pitches is identified up to 2012 with no further additional need identified beyond this. Staffordshire Moorlands Local Development Framework - February 2011 5 Gypsy and Traveller Issues and Options Consultation Document 3 Issues 3.1 This section sets out the main local factors affecting the local gypsy community – this is either evidenced from District-level monitoring/enforcement work conducted by the Council’s Housing Section or, where not available, generic regional information which has been gleaned from the most recent GTAA. Existing Sites 3.2 There is presently only one authorised occupied gypsy/traveller site in the Staffordshire Moorlands limited to the occupation of gypsies/travellers - this is a single pitch lying within a residential curtilage in southern Boundary in the greenbelt and SLA. Additionally, there are two other large sites containing “Park Homes” which anecdotal evidence suggest may in the past have contained gypsy/traveller families (but neither site is limited to the occupation of those falling under the gypsy/traveller definition). Of these latter two sites, the first is the large 1ha Broadhayes estate located in Hammersley Hayes,NE Cheadle, dating from 1954, which contains around 35 permanent pitches (most occupied). [Note this site was permitted as a Local Authority site but has since passed into private ownership]. The second is the 0.42ha Meadow Style mobile home park abutting Brownlees, western Biddulph, in the greenbelt, which contains around 23 permanent pitches. This has existed since at least 1980. An adjacent 2.83ha field to the North was the subject of an application for a caravan site which was refused in 1980. Unauthorised Patterns 3.3 There have been at least 15 unauthorised occurrences of travellers and/or caravans around the District (including
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