APP 2016 2910 Aikey Brae.Pdf

Item: 12 Page: 1

Infrastructure Services

REPORT TO ABERDEENSHIRE COUNCIL – 9 MARCH 2017

Reference No: B/APP/2016/2910

Full Planning Permission for Change of Use from Vacant Land to Travellers Site Suitable For 10 Pitches with Associated Parking, Internal Access Road and Fencing at Aikey Depot, Old Deer, Aberdeenshire, AB42 5JY

1. Purpose for Report

1.1 Council is able to consider and take a decision on this item in terms of Section A.11 of Part 2A List of Committee Powers and Section C.3.1a of Part 2C Planning Delegations of the Scheme of Governance as the application is for local development which in the professional opinion of the Director of Infrastructure Services, following consultation with the Chief Executive and the leaders of the political groups on the Council (and any representative of the Independents, including Non-Aligned Independents), is of regional significance.

1.2 The Head of Finance and Monitoring Officer within Business Services have been consulted in the preparation of this report and their comments are incorporated within the report and are satisfied that the report complies with the Scheme of Governance and relevant legislation.

2. Background and Proposal

2.1 This is an application for full planning permission for the formation of a stopover site for the travelling community at an area within a vacant disused quarry site off the B9029, Aikey Brae, Old Deer. The site is situated to the west of the settlement of Old Deer and is approximately 1.1km by road from the settlement boundary (Appendix 1). In policy terms the site is located in the countryside however falls within the recently extended Old Deer Conservation Area.

2.2 The following information is appended:

 Appendix 1: Site Location Plan  Appendix 2: Proposed Site Plan  Appendix 3: Report to Buchan Area Committee 31 January 2017  Appendix 4: Equalities Impact Assessment  Appendix 5: Extract of Minute of Buchan Area Committee 31 January 2017  Appendix 6: The Aberdeenshire Gypsy/Traveller Site Provision Strategy

2.3 The application is supported by a range of information including:

 A Site Investigation Report,  Drainage Assessment,  Ground Investigation Report Item: 12 Page: 2

 Supporting Statement

2.4 Proposed Aberdeenshire Local Development Plan 2017: The Town and Country Planning (Development Planning) (Scotland) Regulations 2008. Proposed Aberdeenshire Local Development Plan – Report of the examination.

The Report of Examination of the Aberdeenshire Local Development Plan was issued on 19 December 2016, and subsequently published on 21 December 2016. There are recommended changes to policies and sites within the Examination Report. All Area Committees have now considered a report on the Examination and a final Report will be made to Full Council on 9 March 2017.

In the interim period, until the adoption of the Local Development Plan, in respect of development management decisions, elements of the emerging plan, as adjusted to reflect the Reporter’s recommendation, will carry significant material weight, which will need to be considered in the assessment of all planning applications.

3. Representations (Summary)

3.1 A total of 83 valid representations (5 support/78 objection) have been received as defined in the Scheme of Delegation. This does not include multiple representations from the same household which equate to 102 letters in total.

3.2 The material issues raised in the representations are included in the Buchan Area Committee report dated 31 January 2017 (Appendix 3).

4. Principal Planning Issues (summary)

4.1 The main considerations in the assessment of this application are:

 The principle of the development and compliance with the identified criteria outlined in Policy 7 Other special housing needs, SG SHN3: Gypsies/travellers.  The visual impact / impact on the conservation area.

All other material issues such as those raised by consultees and through representations:

 Impact on amenity &services in the area.  Road safety.

Principle of Development

4.2 While four sites have been identified under the current Local Development Plan (2012) at Blackdog; Chapelton; Ellon and Inverurie/Thainstone, it is unlikely these sites will be developed in the short term and there is a need for more immediate site provision. The fact a site is not allocated does not necessarily indicate a departure from the Aberdeenshire Local Development Item: 12 Page: 3

Plan (2012) as other sites can come forward provided it has been demonstrated that there is a need within the Housing Need and Demand Assessment (Aberdeen City and Shire) and the Local Housing Strategy (LHS).

4.3 Due to the lack of site provision, Aberdeenshire and Aberdeen City experience more unauthorised encampments in comparison to other local authorities throughout Scotland. The target set within the current LHS (2012- 2017) is for Aberdeenshire Council to provide at least 1 Gypsy/Traveller site every two years during the lifetime of the LHS. The Aberdeenshire Gypsy/Traveller Site Provision Strategy found Aikey Brae to be the preferred site for North Aberdeenshire (Appendix 6).

Character and amenity

4.5 The site is tucked inside a former quarry where there is already a level of landscaping surrounding the site meaning the development would not be overly prominent within the landscape. It is recommended that additional planting to what has been proposed may be beneficial.

4.6 The site is remote, with the closest dwelling approximately 320m to the east therefore it is not considered the development would pose any impact on the existing residential amenity currently enjoyed by residents. The site would be suitably serviced with a mains water connection, refuse facilities and toilets.

4.7 The site has reasonable access to local settlements, education and community facilities. The Aberdeenshire Council Gypsy/Traveller Stopover Site Development Guidance states that Gypsy/Travellers generally prefer to be within a 2-3 mile radius of basic facilities while the LDP deems 3 miles to be the absolute maximum of this distance. While the Buchan Area Committee report measured these distances as the crow flies, it can be confirmed the site is, by road, approximately 1 mile from Old Deer settlement boundary and 3 miles from Maud. It is also 3 miles from the Square at Mintlaw, the nearest town centre from the site. It is not therefore considered that the site is poorly located for the potential occupants.

Visual amenity and Impact on the Conservation Area

4.8 The site is within the recently extended Old Deer Conservation Area where development is managed to ensure it either preserves or enhances the character and appearance of the area. Due to the existing topography, the fact that the site is enclosed within a former quarry and the existing screening in place, it is considered that the proposed development will not conflict with the general principles of its conservation area status. The site will not be visually dominant from within the locality or from the historic settlement of New Deer and will not impact on the setting of any listed buildings or other sites deemed to be of national, regional or local importance.

Impact on Education and Services

4.9 Education and Children’s Services support the application, highlighting their commitment to ensuring that education is accessible for all children and young people including groups with protected characteristics. The number of Item: 12 Page: 4

pitches would not be expected to have any long term significant impact upon primary school capacity in the area.

4.10 Due to the modest scale of the development the assessment carried out by the Developer Obligations team has confirmed that they do not consider the proposal would give rise to any significant impact on the NHS and health care provision.

Natural environment

4.11 There are records of badgers in the area and there are good habitats for setts around the site. The area of the proposed caravan stances however is the hard flat area close to the entrance which is not a good habitat for badger setts, thus no adverse impact from the development would be expected on badgers.

Contaminated Land

4.12 A suitable site investigation has been carried out, raising no objections from the Council’s Contaminated Land Unit.

Developer Obligations

4.13 The Developer Obligations team has confirmed that there are no developer obligations required in respect of the proposed development.

Road Safety

4.14 Infrastructure Services (Roads Development) do not object to the proposal subject to a standard condition in relation to the provision of visibility splays. No risk to pedestrian safety has been identified. While it is accepted that there is no roadside footpath link to Maud or Old Deer, the site is close to the Formartine and Buchan Way.

Drainage and water supply

4.15 Under the current standing advice, SEPA are not required to be consulted for such a development however The Flood Prevention Unit is satisfied that there will be sufficient drainage on site to cope with surface water run-off. In terms of water supply, Scottish Water have not responded at the time of writing of this report however it is not envisaged the site could not be serviced.

Remaining material issues raised through objections:

4.16 One letter of representation raises the issue of the telecommunications mast. There is a telecom mast in the area but not within the application site. It is approximately 60 metres to the southwest of the site. There are no identified risks to public health from telecommunications masts and in terms of planning, this issue is not a material consioderation.

4.17 Due to the nature of the proposals and the fact there would not be a detrimental visual impact, it is not considered there would be any impact on the historic environment.

Item: 12 Page: 5

Conclusion

4.18 The principle of the development can be firmly established against the relevant policies Aberdeenshire Local Development Plan 2012 and the proposed Aberdeenshire Local Development Plan 2017. Subject to the relevant conditions and informatives, the application can be supported.

4.19 The Equalities Impact Assessment (Appendix 4) demonstrates that granting this application would have an overall positive impact on the members of the gypsy / traveller community involved and would also have benefits for school age children and all residents, particularly any with disabilities, in terms of improving access to health services.

4.20 The representations received raise a significant amount of material considerations and these have been fully considered throughout the report. In reaching a recommendation, the Planning Service has weighed up these differing perspectives and concluded that the proposal should be supported.

5. Area Committee Decision (Summary)

5.1 The application was reported to the Buchan Area Committee 31 January 2017 where Members agreed to put forward the following views to Full Council as the unanimous comments of the Buchan Area Committee:

i) The proposal does not complement the document as published by the Scottish Parliament Equality Opportunities Committee in 2013 which outlines the requirements for a safe and proper environment for travelling families. ii) The proposed site is within a vacant disused quarry and the issue of contamination should be explored further. iii) The site frequently floods and therefore SEPA should be asked to investigate the site and provide a full report in respect of the proposal, (iv) a major battle took place at Aikey and it is thought there are likely to be graves within the site; also it was once a site of Druid Circles; the conservation of the site is therefore of great local and national importance given its long history and we should be preserving Aikey for our future tourism and widely promoting its culture and heritage; for these reasons the proposal is a departure from Policy 13: Protecting, Improving and Conserving the Historic Environment as it undermines the character and amenity of the local conservation area; on this basis the Buchan AC requested that approaches be made to major Universities requesting that in-depth research be undertaken on the site. (v) There is a huge safety concern as there are no pavements or footpaths proposed to the nearest villages and the site is on a fast country road; it should be noted that the distances detailed within the report to local villages are underestimated. (vi) There is already great pressure on the local school network. (vii) There is already a lack of local facilities in nearby villages, doctors, medical facilities, etc. (viii) The site is remote which will make connectivity and social integration difficult. Item: 12 Page: 6

(ix) No other sites have been taken into consideration, this site is being progressed purely on historical grounds given that travelling families have, in the past, located themselves at Aikey. (x) In considering previous unauthorised encampments located at Aikey, this proposal is for 10 pitches only – in the past up to 31 caravans have located at any one time and it may be that this will lead to further unauthorised encampments in the local area. (xi) The site is not included within the Local Development Plan for proposed development.

In response to the above, the Planning Service has assessed and investigated the comments and respond as follows:

5.2 The site scored highest when assessing potential sites during an assessment carried out in 2016 (see Appendix 6). It is considered that the site will provide a safe and proper environment. The report also advises that due to the delays in bringing forward the allocated traveller sites in the LDP, it was necessary to find additional sites. This report was agreed at Full Council 29 September 2016. This aligns with the policies of both the 2012 and 2017 Aberdeenshire Local Development Plans.

5.3 In terms of flooding, SEPA were consulted but raise no objection to the proposal, noting that it is considered that there is no imminent risk of flooding. It is further noted that the Aberdeenshire Council Flood Risk Unit is satisfied with the findings of the Drainage Report submitted. In terms of contamination as a result of infill of the quarry, the site is not nor ever been licenced by SEPA. The Contaminated Land Unit advise that, following an investigation in 2014, no contamination was found on the site.

5.4 The Council’s Archaeology service advise that the Aikey Brae Battle was part of the Robert the Bruce campaign but has no definite location and is more likely to have been a skirmish after the main battle at Barra. The battlefield has not been included on Historic Environment Scotland’s National Inventory of Battlefields, a list of Scotland’s most important historical battlefields. In order to be added to this list, a site must be associated with key historical events or figures, there must be physical remains and/or archaeological potential, cultural associations and it must also be possible to define the battlefield site on a modern map with a reasonable degree of accuracy. In this case, there is no evidence to support any specific location of the battle although it should be noted that the Battle of Barra is one of four sites within Aberdeenshire on the list. It is also advised that the location of the site within a former quarry would have no impact upon any battlefield in any case. In terms if any impact on Aikey Brae Stone Circle, Archaeology consider that there would be no direct or visual impacts as the stone circle is over the hill from the site and screened by topography and trees.

5.5 While there is no footpath link to the surrounding villages, Gypsy/Travellers generally prefer remote sites 2-3 miles from settlements where facilities can be accessed. As such, this location is 3 miles from the square at Mintlaw, the major town in the area, and can be considered to be a good location for such a site. Mintlaw has a fairly comprehensive level of facilities and is earmarked for a continuing level of development over the next 5 years with upwards of Item: 12 Page: 7

1100 homes being allocated and potentially built. It is not considered that 10 units is significant or will negatively impact on the existing services.

5.6 The site is not specifically allocated in the Local Development Plan, however for the reasons above it is considered that the proposal can be supported as the principle of the development can be firmly established against the relevant policies of the Aberdeenshire Local Development Plan 2012 and the proposed Aberdeenshire Local Development Plan 2017. The policy states: For “sites that are not intended solely for private use sites” (i.e. Council operated), additional information must be provided with the planning application that demonstrates how “the site will be properly managed” otherwise planning permission should be refused. Information relating to the management of the site has been submitted in the intervening period that sets out how the site will be managed. This is considered to comply with this part of the policy.

6. Area Implications

6.1 In the specific circumstances of this application there is no direct connection with the currently specified objectives and identified actions of the Local Community Plan.

7. Equalities and Financial Implications

7.1 An equality impact assessment has been carried out as part of the development of the proposals set out above. It is included as Appendix 4 and the following impacts have been identified which can be mitigated as described:-

(i) The existing situation of lack of adequate and serviced sites within distance to amenities, education and healthcare will be exacerbated. Use of sub-standard and unauthorized encampments will be exacerbated.

(ii) These negative impacts can be mitigated by granting planning permission for the development by the Council or by the grant of planning permission by the Scottish Government on appeal.

In the event of planning permission being refused and any appeal dismissed the Council would also continue to seek the provision of alternative permanent and temporary halting sites for the use of the gypsy / traveller community in appropriate locations through its Site Provision Strategy and allocations in the Local Development Plan.

7.2 There are no direct staffing or financial implications as a result of this report. However, there will be financial and staffing implications should a site be taken forward for development. The cost of developing the site at Aikey Brae is approximately £230,000, excluding revenue costs.

7.3 In 2011, the Scottish Government provided Aberdeenshire Council with grant funding of £38,000 towards the development of a stopover site. No further grant funding is available from the Scottish Government at this time. A budget of £192,000 has been secured within the Housing Capital Plan Budget. Item: 12 Page: 8

Developing a stopover site at Aikey Brae will help meet the needs of the Travelling community and at the lowest capital cost to the Council.

7.4 The maximum annual revenue costs for Aikey Brae would be £5,000. The costs are budgeted for within the Housing General Fund Revenue Budget.

8. Sustainability Implications

8.1 No separate consideration of the current proposal’s degree of sustainability is required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

9. Departures, Notifications and Referrals

9.1 Strategic Development Plan Departures

None

9.2 Local Development Plan Departures

None

9.3 The application does not fall within any of the categories contained in the Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and the application is not required to be notified to the Scottish Ministers prior to determination.

10. Recommendation

10.1 GRANT Full Planning Permission subject to the following conditions:

0.1 That no works in connection with the development hereby approved shall take place unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority.

Details of the scheme shall include:

(i) Existing landscape features and vegetation to be retained. (ii) The location of new trees, shrubs and or hedges. (iii) A schedule of planting to comprise species, plant sizes and proposed numbers and density. (iv) The location, design and materials of all hard landscaping works (v) An indication of existing trees, shrubs and hedges to be removed. (vi) A programme for the completion and subsequent maintenance of the proposed landscaping.

All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or such other date as may be agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or Item: 12 Page: 9

becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.

0.2 The development shall be served in accordance with the approved drawings and following details:

The maximum gradient of the first 5m of the access must not exceed 1 in 20.

Prior to occupancy of development, and unless otherwise agreed in writing, off-street parking for 20 cars, surfaced in hard standing materials must be provided within the site.

 Prior to commencement of development onsite, visibility splays, measuring 2.4 by 160m to be formed on either side of the junction of the vehicular access with the public road. The visibility splays so formed shall thereafter be kept free of all permanent obstructions above adjacent carriageway level.

 Prior to occupancy of development a suitable vehicle turning area, measuring not less than 7.6m x 7.6m, must be formed within the site to enable all vehicle movements onto or from the public road to be carried out in a forward gear.

Reason: In the interest of road safety.

11.2 Reason for Decision

1. That an identified need has been established for this proposal and that the site will not significantly detract from the amenity of the Old Deer Conservation Area. The site is adequately serviced and is appropriately located to allow the residents reasonable access to employment, education, health and community facilities. The proposal therefore complies with the Aberdeenshire Local Development Plan 2012 and the proposed Aberdeenshire Local Development Plan 2017.

Stephen Archer Director of Infrastructure Services Author: Alan Davidson, Senior Planner Date: 28 February 2017

Item: 12 Page: 10 Item: 12 Page: 11 APPENDIX 2

Proposed Site Plan

Item: 12 Page: 12

Infrastructure Services

APPENDIX 3

Buchan Area Committee Report – 31 January 2017

Reference No: APP/2016/2910

Full Planning Permission For Change Of Use From Vacant Land To Travellers Site Suitable For 10 Pitches With Associated Parking, Internal Access Road And Fencing at Aikey Depot, Old Deer, Aberdeenshire, AB42 5JY

Applicant: Aberdeenshire Council, Woodhill House, Westburn Road, Aberdeen, AB16 5GB Agent: Aberdeenshire Council Property Department

Grid Ref: E:396262 N:847873 Ward No. and Name: Central Buchan Application Type: Full Planning Permission Representations: 83 Consultations: 10 Relevant Proposals Map Aberdeenshire Local Development Plan 2012 Designations: Complies with Development Plans: Yes Main Recommendation: To seek views on main recommendation to Full Council to Grant

Item: 12 Page: 13

Item: 12 Page: 14

1. Reason for Report

1.1 The Committee is able to consider this item in terms of Section F.4.1 of Part 2A List of Committee Powers and Section C.3.1.a of Part 2C Planning Delegations of the Scheme of Governance as the application, in the opinion of the Director of Infrastructure Services following consultation with the Chief Executive and the leaders of the political groups on the Council (and any representative of the Independents, including Non-Aligned Independents), is of regional significance then the application will be determined by Full Council. Such applications will be referred to the relevant Area Committee to provide comments before determination by Full Council.

2. Background and Proposal

2.1 This is a full planning application for the formation of a stopover site for the travelling community at an area within a vacant disused quarry site off the B9029, Aikey Brae, Old Deer. The site is situated to the west of the settlement of Old Deer and is approximately 1.1km from the settlement boundary (Appendix 1). In policy terms the site is located in the countryside however falls within the recently extended Old Deer Conservation Area.

2.2 Historically the site has been used for a travelling fair for over one century.

2.3 The site would comprise of 10 caravan stances, enclosed by green timber boundary fencing (appendices 2 and 3). Each stance would be 8.5m x 15m and would accommodate 1 caravan space (3 x 8m) with each site including space for 2 cars. The proposal would also include a managers/welfare office (portakabin), recycling point, and play area. The application proposes to utilise the existing access off the B9029.

2.4 Planting is also proposed to the north, east and west. There would also be climbers on the boundary fencing (Appendix 2)

2.5 There is no proposal to connect to public drainage network or sewer. Surface water drainage would be a via stone infiltration trench. Foul drainage for the portakabin would be via a treatment tank and soakaway. No foul proposed drainage is for the pitches as portaloos would be used onsite.

2.6 Water supply would be via the public network

Amendment to proposal

2.7 During the processing of the application one change was made in respect of waste disposal. The change is detailed as follows: Initially the application noted the site was included on the waste route and a 240 litre bin was Item: 12 Page: 15

proposed for each stance and recycling bins would be located at the front of the site. Following consultation with the Council’s Waste Management section, an amendment to the waste collection and storage was detailed in that each stance will be provided with 2 x 240 litre bins and a 23 litre food waste container. 3 x 240 litre bins (for glass) will be provided at the front of the site.

2.8 Due to the minor nature of the amendments, there is no requirement to re- notify or re-advertise the proposal.

Supporting Information

2.9 A Site Investigation Report, Drainage Assessment, Ground Investigation Report and Supporting Statement have been included in the submission.

Planning History

2.10 APP/2014/4166: Withdrawn Erection of 3 No. Dwellinghouses and Formation of Tourist Area. The application was withdrawn at the request of the agent.

3. Representations

3.1 A total of 83 valid representations (5 supporting/78 objecting) have been received as defined in the Scheme of Delegation. This does not include multiple representations from the same household which equate to 102 letters in total.

The letters of representation can be viewed online on the Council’s website or a paper copy is available for viewing in the Buchan Area Managers Office, Buchan House, St Peter Street, Peterhead.

All issues raised have been considered. The letters raise the following material issues:

Objections

 The site is not allocated in the current Local Development Plan  The proposal would be contrary to Policy 7 SG SHN3  There are more appropriate sites  Intensification of traffic and road safety issues  Access issues  Risk to pedestrians  Impact on the capacity of local schools  Impact on NHS  No amenities within walking distance to the site  Health impacts due to the proximity of the telecommunications mast  SEPA have not been consulted

Item: 12 Page: 16

Support

 The application would assist in meeting the identified need for Gypsy/ Travellers in the North East of Scotland.

Invalid representations and non-material issues

A number of invalid representations were received. These contained either defamatory or offensive comments. For the avoidance of doubt, all material issues raised were considered and are addressed in the report.

A number of letters were also received which did not contain planning related issues.

4. Consultations

4.1 Internal

Infrastructure Services (Contaminated Land): No objections. An investigation was carried out in 2014. No evidence of contamination was identified in samples collected from trial pits excavated within the boundary of the current application. No further assessment of the site is required. A standard informative is suggested.

Infrastructure Services (Environmental Team): No objections. An informative is proposed in respect of protection of badgers.

Infrastructure Services (Environmental Health): No objections. Standard comments were provided in relation to drainage and water supply.

Infrastructure Services (Roads Development): No objections. Some trimming of the roadside vegetation is required to provide the visibility splays. Standard conditions and informatives are suggested.

Infrastructure Services (Waste Management): Initially, waste management objected to the proposal as there was a shortfall in proposed bins however on the submission of additional details, the objection was withdrawn as the proposed amended arrangement would meet the current standards.

Business Services (Development Obligations): has confirmed that the proposal will not attract any obligations.

Communities (Housing): The Housing Service support the development of a Gypsy/Traveller stopover site at Aikey Brae, Old Deer, as there is an identified need for Gypsy/Traveller sites in North Aberdeenshire. The proposed development meets the minimum requirements as detailed within Aberdeenshire Council’s Site Development Guidance Document (2013).

Education and Children’s services: Education support the application. Education & Children’s Services are committed to ensuring that education is Item: 12 Page: 17

accessible for all children and young people. This application affects groups with protected characteristics. The number of pitches would not be expected to have any long term significant impact upon primary school capacity. On this basis Education & Children’s Services would have no objection to this application.

4.2 External

Old Deer Community Council: Objection. The objection raises a number of material planning issues:

 Impact on historic setting  Impact on conservation area  Impact on wildlife  Discourage recreation  Not within easy access of settlement  Road safety issues  Pressure on local services  No provision for over spill

Scottish Water: At the time of writing of this report, no response has been received.

5. Relevant Planning Policies

5.1 Scottish Planning Policy

The aim of the Scottish Planning Policies is to ensure that development and changes in land use occur in suitable locations and are sustainable. The planning system must also provide protection from inappropriate development. Its primary objectives are:

 to set the land use framework for promoting sustainable economic development;  to encourage and support regeneration; and  to maintain and enhance the quality of the natural heritage and built environment.

Development and conservation are not mutually exclusive objectives; the aim is to resolve conflicts between the objectives set out above and to manage change. Planning policies and decisions should not prevent or inhibit development unless there are sound reasons for doing so. The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest. The goal is a prosperous and socially just Scotland with a strong economy, homes, jobs and a good living environment for everyone.

Item: 12 Page: 18

5.2 Paragraph 133 of SPP also specifically states in terms of Specialist Housing Provision and Other Specific Needs;

“Housing Needs and Demands Assessments (HNDAs) will also evidence need for sites for Gypsy/Travellers and Travelling Showpeople. Development plans and local housing strategies should address any need identified, taking into account their mobile lifestyles. In city regions, the strategic development plan should have a role in addressing cross-boundary considerations. If there is a need, local development plans should identify suitable sites for these communities. They should also consider whether policies are required for small privately-owned sites for Gypsy/Travellers, and for handling applications for permanent sites for Travelling Showpeople (where account should be taken of the need for storage and maintenance of equipment as well as accommodation). These communities should be appropriately involved in identifying sites for their use.”

5.3 Aberdeen City and Shire Strategic Development Plan 2014

The purpose of this Plan is to set a clear direction for the future development of the North East. It promotes a spatial strategy. All parts of the Strategic Development Plan area will fall within either a strategic growth area or a local growth and diversification area. Some areas are also identified as regeneration priority areas. There are also general objectives identified. In summary, these cover promoting economic growth; promoting sustainable economic development which will reduce carbon dioxide production, adapt to the effects of climate change and limit the amount of non-renewable resources used; encouraging population growth; maintaining and improving the region’s built, natural and cultural assets; promoting sustainable communities; and improving accessibility in developments.

Specifically in relation Sustainable Mixed Communities Paragraph 4.36 states;

“It is important that new development meets the needs of the whole community, including the specific needs of Gypsies/Travellers.”

5.4 Aberdeenshire Local Development Plan 2012

Policy 3: Development in the Countryside SG Rural Development1: Housing and Business Development in the Countryside

Policy 4: Special Types of Rural Land SG STRLtype1: Development in the Coastal Zone

Policy 7: Other Special Housing Needs SG SHN3: Gypsies/Travellers

Policy 8: Layout, Siting and Design of New Development SG LSD2: Layout, Siting and Design of New Development SG LSD10: Contaminated Land Item: 12 Page: 19

Policy 9: Developer Contributions SG Developer Contributions1: Developer Contributions SG Developer Contributions2: Access to New Development SG Developer Contributions3: Water and Waste Water Drainage Infrastructure SG Developer Contributions4: Waste Management Requirements for New Development

Policy 11: Natural Heritage SG Natural Environment1: Protection of Nature Conservation Sites

Policy 13: Protecting, Improving and Conserving the Historic Environment SG Historic Environment2: Conservation Areas

5.5 Proposed Aberdeenshire Local Development Plan 2017 The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Proposed Aberdeenshire Local Development Plan – Report of the examination

The Report of Examination of the Aberdeenshire Local Development Plan was issued on 19 December 2016, and subsequently published on 21 December 2016. There are recommended changes to policies and sites within the Examination Report. Reports to Area Committees will be on the 24 and 31 January 2017 and 7 February 2017 with a final Report to Full Council on 9 March 2017.

5.6 Other Material Considerations

 Aberdeenshire Council Gypsy/Traveller Stopover Site Development Guidance (June 2013)  The Equality Act 2010  The European Convention of Human Rights

6. Discussion

6.1 The main considerations in the assessment of this application are the principle of the development and compliance with the identified criteria outlined in Policy 7: Other Special Housing Needs, SG SHN3: Gypsies/Travellers, and the visual impact/impact on conservation area. All other material issues such as those raised by consultees and through representations must be given due consideration. Item: 12 Page: 20

Principle of development

6.2 Four sites have been identified under the current Local Development Plan (LDP): Blackdog; Chapelton; Ellon; and Inverurie/ Thainstone. Progress is being made in delivering these sites, with the planning permission for the Chapelton development including a legal agreement to secure Gypsy/Traveller provision. The approved Masterplan for the Blackdog development identifies a Gypsy/Traveller site. However, although these sites will remain in the LDP 2016, it is unlikely these sites will be developed in the short term and there is a need for more immediate site provision. For the avoidance of doubt, no additional sites are proposed to be allocated in the forthcoming Local Development Plan.

6.3 The fact that other sites are allocated within the Local Development Plan, does not preclude proposals for other sites coming forward. Irrespective of the allocated sites, the policy is specific in that it allows for the assessment – and potential support – of unallocated sites, provided they meet a set of specifically identified criteria. The fact a site is not allocated does not necessarily indicate a departure from the Local Development Plan.

6.4 In order to support an unallocated site, the very basic principle must be established i.e there is a demonstrated need identified. The principle of the proposal must be established primarily against SG SHN3: Gypsy/Travellers.

6.5 SG SHN3: Gypsy/Travellers: Aim to reduce the number of unauthorised encampments by meeting need identified and considered within the Housing Need and Demand Assessment (Aberdeen City and Shire) and the Local Housing Strategy (LHS). It is accepted there is a clear and identified need for Gypsy/ Traveller sites in Aberdeenshire and this is evidence through the aforementioned documents. The number of unauthorised encampments also demonstrates the need for Gypsy/ Traveller sites throughout Aberdeenshire.

The table below shows the number of unauthorised encampments annually since 2009.

No. of Aberdeenshire Encampments 2009 32 2010 30 2011 23 2012 53 2013 45 2014 34 2015 42 2016 61 Total 320

Item: 12 Page: 21

Due to the lack of site provision, Aberdeenshire and Aberdeen City experience more unauthorised encampments in comparison to other local authorities throughout Scotland.

6.6 Aberdeenshire Council has a duty through its LHS to meet the accommodation needs of all minority ethnic groups, including Gypsy/Travellers. The target set within the current LHS (2012-2017) is for Aberdeenshire Council to provide at least 1 Gypsy/Traveller site every two years during the lifetime of the LHS.

6.7 At present Aberdeenshire Council has one fully serviced seasonal, 20-pitch Gypsy/Traveller site at Greenbanks in Banff. This site was developed over 20 years ago and since then no further provision has been made by Aberdeenshire Council.

6.8 On 12 March, 2015, Aberdeenshire Council agreed to adopt the Aberdeenshire Gypsy/Traveller Site Provision Strategy. The Strategy has an objective to deliver at least one site in the North, Central and South Areas of Aberdeenshire and it is considered that this would broadly serve the identified needs of the Gypsy Traveller community. Following the approval of the strategy, four areas of land were identified as potentially suitable for Gypsy/Traveller sites which covered North, Central and South Aberdeenshire.

6.9 It is considered this site would meet the identified need for North Aberdeenshire. The Housing Service support the proposal on this site, as there is an identified need for Gypsy/Traveller sites in North Aberdeenshire.

6.10 It is accepted there is an identified need and therefore the basic principle can established.

6.11 SG SHN3: Gypsy/Travellers also states that applications will be supported if:

a) the site would not appreciably detract from the character or appearance of the area; AND

b) the site would not significantly detract from the amenity currently enjoyed by residents in the area; AND

c) the site can be sympathetically located in a secure environment and provided with essential services (in the case of halting sites: water connection, refuse facilities and portable toilet); AND

d) the location allows reasonable access to employment, education, community facilities and the main road network; AND

e) in the case of a site which is not a private site intended solely for private use, it has been demonstrated that the site will be properly managed.

The criteria a-e will be discussed individually in turn.

Item: 12 Page: 22

6.12 Criteria A: the site would not appreciably detract from the character or appearance of the area

The site is modest in scale and the development would not be overly prominent within the landscape. A green timber fence with curved top is proposed in order ensure the site relates to the locality. In addition, planting is proposed to assimilate the site effectively into the wider surroundings. It is recommended that in addition to what has been proposed some further planting may be beneficial. This can be addressed through a suitable condition. The impact in the Conservation Area is addressed later in this report.

6.13 Criteria B: the site would not significantly detract from the amenity currently enjoyed by residents in the area

The area is not residential and recognising there are dwellings in the general locality, there are no immediate neighbours. The closest dwelling is approximately 320m to the east, with a dwelling 540m to the west and therefore it is not considered the development would pose any impact on the existing residential amenity currently enjoyed by residents. As noted previously, the specific impact on the Conservation Area is discussed in a separate section in this report.

6.14 Criteria C: the site can be sympathetically located in a secure environment and provided with essential services (in the case of halting sites: water connection, refuse facilities and portable toilet)

The site would be located on a piece of land that is currently disused. The application proposes a sensitive boundary treatment of green painted timber fencing, which would allow for the site to be secured. In addition, planting would ensure the siting is sympathetic to its surroundings. As noted previously, an additional condition can be attached to ensure a suitable planting scheme. The application proposes a mains water connection, refuse facilities and toilets and as such the site would be suitably serviced. Infrastructure Services (Waste Management) have been consulted and have no objections regarding the proposed refuse facilitates. Environmental Health have provided standard comments in respect of water supply.

6.15 Criteria D: the location allows reasonable access to employment, education, community facilities and the main road network;

The site is located off a local road network which allows access to local settlements, education and community facilities. Specific Road Safety and Education capacity issues are discussed later in this report. However, often in the case of the travelling community, a slightly more remote site is preferred. It is not considered that the site is poorly located for the potential occupants. Aberdeenshire Council’s Stopover Site development Guidance (2013) states that ‘consultation with Gypsy/Travellers suggest that most would prefer to be within a 2-3 mile radius of basic facilities such as doctors’ surgeries, schools and shops. Aberdeenshire Council’s Local Development Item: 12 Page: 23

Plan (LDP) Policy makes reference to ‘conveniently accessible location’ and 3 miles is deemed to be the absolute extent of this distance’. In this case, the site is approximately 1.13 km to the nearest settlement. It is also 1.5km to Mintlaw and 3.4km to Maud.

6.16 Criteria E in the case of a site which is not a private site intended solely for private use, it has been demonstrated that the site will be properly managed.

The application does not propose a private site and therefore Criteria E is not relevant.

6.17 Considering the above, the proposal is considered to fully comply with SG SHN3: Gypsy/Travellers.

Visual amenity and Impact on the Conservation Area.

6.18 The site is within the Old Deer Conservation Area. The Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 instructs local authorities to determine which parts of their district are areas are of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and designate such as a conservation area. There is not a prescribed criteria for designating an area and it may relate to a number of factors such as having a large number of nationally significant heritage assets, the site being connected to a particular industry or the settlement having a historic street pattern. Indeed, the spatial relationship between the buildings and the surrounding landscape can often be just as important to the character of an area as the architectural merit of individual properties.

6.19 Designating a conservation area does not mean a prohibition on development but that future change is carefully managed to ensure it does not have a detrimental impact on the character and appearance of the area. Indeed, the legislation does not seek to preserve the area but allow it to sensitively adapt and develop to physical, social and economic change. The proposed development at the former Aikey Depot site does not therefore conflict with the general principles of conservation area status.

6.20 The site would not be visually dominant from within the locality, the historic settlement of New Deer visible from the historic settlement of Old Deer and it will not impact on the setting of any listed buildings or other sites deemed to be of national importance.

6.21 As noted previously in this report, an appropriate planting condition should be attached to ensure the site is sympathetically assimilated into its surroundings and visual impacts are mitigated.

Impact on Education and Services

6.22 Additional issues raised by objectors suggest the development would impact on the local school network and capacity. Education and Children’s services Item: 12 Page: 24

have been consulted and it is noted that Education are able to support the application. The response specifically notes that ‘Education & Children’s Services are committed to ensuring that education is accessible for all children and young people. This application affects groups with protected characteristics. The number of pitches would not be expected to have any long term significant impact upon primary school capacity.

6.23 A number of letters raise issues regarding impact on the NHS. Due to the modest scale of the development it is not considered the proposal would give rise to any significant impact on the NHS. Developer obligations have been consulted and no impact on the NHS has been identified.

Natural environment

6.24 There is reference in several letters to wildlife in the area, including badgers. The area of the proposed caravan stances is the hard flat area close to the entrance which is not a good habitat for badger setts. There are records of badgers in the area and there are good habitats for setts around the site. It is also highly likely that badgers may cross the area travelling to foraging areas however the proposal is not sufficient to prevent badgers from crossing the quarry. Considering this, a suitable informative is suggested.

Contaminated Land

6.25 A suitable site investigation has been carried out and there are no objections. The proposal is therefore compliant with SG LSD10: Contaminated land

Developer Obligations

6.26 There are no developer obligations required.

Road Safety

6.27 A number of letters of representation raise the issue of road safety. Infrastructure Services (Roads Development) do not object the proposal subject to a standard condition in relation to the provision of visibility splays. No risk to pedestrian safety has been identified.

Drainage and water supply

6.28 Appropriate drainage is proposed.

6.29 In terms of water supply, Scottish Water have not responded at the time of writing of this report however it is not envisaged the site could not be serviced.

Item: 12 Page: 25

6.30 Remaining material issues raised through objections:

Proximity to Telecommunications mast

One letter raises the issue of the telecommunications mast. There are no identified risks to public health from telecommunications mast.

Consultation with SEPA

Under the current standing advice, SEPA are not required to be consulted for such a development ( ref SEPA Guidance Note 8, Version 10, 2016)

Impact on the Historic Environment

Due to the nature of the proposals and the fact there would not be a detrimental visual impact, it is not considered there would be any impact on the historic environment.

Conclusion

6.31 The principle of the development can be firmly established against the relevant policies of the Local Development Plans and subject to the relevant conditions and informatives, the application can be supported.

7. Area Implications

7.1 In the specific circumstances of this application there is no direct connection with the currently specified objectives and identified actions of the Local Community Plan.

8. Equalities and Financial Implications

8.1 An equality impact assessment has been carried out as part of the development of the proposals set out above. It is included as Appendix 4 and the following impacts have been identified which can be mitigated as described:-

The existing situation of lack of adequate and serviced sites within distance to amenities, education and healthcare will be exacerbated. Use of sub standard and unauthorized encampments will be exacerbated.

These negative impacts can be mitigated by granting planning permission for the development by the Council or by the grant of planning permission by the Scottish Government on appeal.

8.2 There are no financial implications arising directly from this report other than an assessment of costs relating to any potential enforcement action taken by the Council in the event that the planning applications are refused.

Item: 12 Page: 26

9. Sustainability Implications

9.1 No separate consideration of the current proposal’s degree of sustainability is required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

10. Departures, Notifications and Referrals

10.1 The application is not a departure from the Local Development Plan or The Strategic Development Plan and no departure procedures apply.

10.2 The application does not fall within any of the categories contained in the Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and the application is not required to be notified to the Scottish Ministers prior to determination.

10.3 The application falls within one of the categories contained in the Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and therefore requires to be notified to the Scottish Ministers prior to determination.

10.4 The application would not have to be referred to Infrastructure Services Committee in light of the requirement to refer this application to Full Council.

11. Recommendation

The Area Committee are recommended to:-

11.1 Provide Comment to Full Council on the Application and

11.2 Note that recommendation to Council will be to GRANT Full Planning Permission subject to the following conditions:

1. That no works in connection with the development hereby approved shall take place unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority.

Details of the scheme shall include: (i) Existing landscape features and vegetation to be retained. (ii) The location of new trees, shrubs and or hedges. (iii) A schedule of planting to comprise species, plant sizes and proposed numbers and density. (iv) The location, design and materials of all hard landscaping works (v) An indication of existing trees, shrubs and hedges to be removed. (vi) A programme for the completion and subsequent maintenance of the proposed landscaping.

All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during Item: 12 Page: 27

the planting season immediately following the commencement of the development or such other date as may be agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

2. The development shall be served in accordance with the approved drawings and following details:

 The maximum gradient of the first 5m of the access must not exceed 1 in 20;  Prior to occupancy of development, and unless otherwise agreed in writing, off-street parking for 20 cars, surfaced in hard standing materials must be provided within the site;  Prior to commencement of development onsite, visibility splays, measuring 2.4 by 160m to be formed on either side of the junction of the vehicular access with the public road. The visibility splays so formed shall thereafter be kept free of all permanent obstructions above adjacent carriageway level;  Prior to occupancy of development a suitable vehicle turning area, measuring not less than 7.6m x 7.6m, must be formed within the site to enable all vehicle movements onto or from the public road to be carried out in a forward gear.

Reason: In the interest of road safety

11.3 Reason for Decision

That an identified need has been established for this proposal and that the site will not significantly detract from the amenity of the Old Deer Conservation Area. The site is adequately serviced and that the site and is appropriately located to allow the residents reasonable access to employment, education, health and community facilities. The proposal therefore complies with SG SHN3: Gypsy/Travellers of the 2012 Local Development Plan.

Stephen Archer Director of Infrastructure Services Author: Jim Martin Date: 03/12/2014 Item: 12 Page: 28

EQUALITY IMPACT ASSESSMENT

Stage 1: Title and aims of the activity (“activity” is an umbrella term covering policies, procedures, guidance and decisions).

Service Infrastructure Services

Section Planning

Full planning permission for creation of a stop over site for Travelling Title of the activity etc. Community APP/2016/2910 Full planning permission for creation of a stop over site for Travelling Aims of the activity Community. The application is recommend for approval.

Author(s) & Title(s) Colm McKee

St Stage 2: List the evidence that has been used in this assessment. Aberdeenshire Equality Impact Assessment Guidance /policy

Monitoring of housing needs for Gypsy/Travellers through the Local Housing Strategy 2012-2017.

Satisfaction rates amongst Gypsy/Travellers of designated sites Internal data Aberdeenshire Council Gypsy/Traveller Stopover Site Development (customer satisfaction Guidance Aberdeenshire surveys; equality monitoring data; Council Gypsy/Traveller Site Provision Strategy Aberdeenshire Council customer complaints). data on Unauthorised Encampments (2009- 2014) Minutes of the Gypsy/ Traveller Officer Group (GTOG) (2012-2016) Minutes of the Gypsy/ Traveller Sub Committee (2012-2016) Minutes of the Planning for the Future Group (2016) Aberdeenshire Council data on Unauthorised Encampments (2009- 2016)

Internal consultation Consultation and liaison with the Council’s Minority Ethnic with staff and other Communities Officer and Housing Service. services affected. Item: 12 Page: 29 Aberdeenshire’s Citizens’ Panel, ‘Viewpoint’, included a section on Gypsy/Traveller site provision in its August 2014 edition of the survey.

Minutes from the Scottish Government's National Guidance for External consultation Gypsy/Traveller Encampments (2012) (partner organisations, community groups, Scottish Government - Minister's Working Party Strategy The Equal and councils. Opportunities Committee

Equality and Human Rights Commission (EHRC), 2015, Guide to Establishing Gypsy and Traveller Sites

External data (census, Scottish Government Gypsy/ Traveller Twice Yearly Count Census available statistics). data Craigforth (2009) Research finding

There are no established Gypsy/Traveller sites in the Buchan area of Aberdeenshire. Aberdeenshire Council has one permanent seasonal site at Greenbanks in Banff. This site is open from the last week in March through to the last weekend in September each year. Aberdeen City Council has one permanent all year round site at Clinterty. Aberdeenshire Council and Aberdeen City jointly manage 4 pitches on the Clinterty site and operate these as short-term (duration of stay) transit pitches. Aberdeenshire Council’s Gypsy/Traveller Site Provision Strategy was published in 2015. It identified the need increase Gypsy/ Other (general Traveller site provision throughout Aberdeenshire. On 25 Nov 2015, a information as report was presented to Aberdeenshire Council’s Gypsy/ Traveller appropriate). Sub-Committee. The report detailed four site proposals in North, Central and South Aberdeenshire. The report noted two of the four proposals were discounted following a scoring matrix assessment. Agreement was sought for a further report to be presented to Aberdeenshire Council requesting planning applications be submitted to develop the two remaining sites but elected members were minded to agree to progressing one of the sites. However, at its meeting on 24 April, 2014, Aberdeenshire Council instructed officers to provide a comprehensive strategy for the provision of a number of sites across Aberdeenshire.

Stage 3: Evidence Gaps.

Are there any gaps in Yes Gypsies/ Travellers are transient by nature Gypsies/ Travellers do the information you not like to self-identify currently hold?

Stage 4: Measures to fill the evidence gaps.

What measures will be Measures: Timescale: taken to fill the information gaps Gypsies/ Travellers are encouraged to fill out Ongoing before the activity is Aberdeenshire Council's Monitoring Forms implemented? These should be included in Item: 12 Page: 30 the action plan at the back of this form.

Stage 5: Are there potential impacts on protected groups? Please complete for each protected group by inserting “yes” in the applicable box/boxes below. Positive Negative Neutral Unknown

Age – Younger Yes if Yes if application is application is approved refused

Age – Older Yes if Yes if application is application is approved refused

Disability Yes if Yes if application is application is approved refused

Race – (includes Yes if Yes if Gypsy Travellers) application is application is approved refused

Religion or Belief Yes

Gender – male/female Yes

Pregnancy and Yes if Yes if maternity application is application is approved refused

Sexual orientation – (includes Lesbian/ Yes Gay/Bisexual)

Gender reassignment – Yes (includes Transgender)

Marriage and Civil Yes Partnership

Stage 6: What are the positive and negative impacts?

Positive Negative (describe the impact for each of Impacts. (describe the impact for each of the protected characteristics the protected characteristics affected) affected)

Please detail the An adequate site will be provided The existing situation of lack of potential positive for members of the travelling site and unauthorised and/or negative community encampments will be exacerbated Item: 12 Page: 31 impacts on those with If the planning application is protected approved the development will characteristics you allow access education, local have highlighted health, welfare and social work above. Detail the services as well as other local impacts and describe services. those affected.

A base for Gypsy/ Travellers to access disability services

Providing a base for pregnant women for access to health care services

In general help meet the accommodation needs of this minority ethnic community.

Encourage local social integrations

Stage 7: Have any of the affected groups been consulted?

If yes, please give details of how this was done and what the The Council's Gypsy/ Traveller Liaison Officer (GTLO) regularly results were. If no, consults with the Travelling community how have you ensured They Gypsy/ Traveller community is represented on the Gypsy/ that you can make an Traveller Officer Group (GTOG) by the manager of the North Esk informed decision Travelling Persons’ Site. about mitigating steps?

Stage 8: What mitigating steps will be taken to remove or reduce negative impacts? Mitigating Steps Timescale

The planning applications could be granted planning The application is to be permission by the Council or by the Scottish determined at Government on appeal. Aberdeenshire Full Council on 9 March 2017 These should be The Council continues to seek the provision of On-going included in permanent and temporary halting sites in appropriate any action locations through the Site Provision Strategy and plan at the allocations in the Local Development Plan. This back of this includes working with the Travelling Community to form. investigate the possibility of sharing the development and management of stopover sites within Aberdeenshire.

Item: 12 Page: 32

Stage 9: What steps can be taken to promote good relations between various groups? Those with an interest in community relations have agreed the need to address negative perceptions through the two communities living side by side to foster greater understanding for all with interest in the area. Aberdeenshire Council’s Gypsy/ Traveller Liaison Officer (GTLO) with support from the Council’s Community Learning and Development (CLD) and Education staff will continue to help Gypsy/Traveller families in Aberdeenshire realise their educational aspirations. The ongoing work of the GTLO helps increase dialogue and engagement with the Travelling community which in turn contributes effectively to social integration and cohesion.

These should be Use Aberdeenshire Council's Gypsy/ Traveller Officer Group and the included in the action Grampian wide Interagency Group (both of which include plan. representatives from the Travelling community) as a platform to open doors for positive engagement and a means to strengthen diversity within Aberdeenshire. Both these groups have actions detailed within the respective action plans for ensuring improved and more constructive relationships are developed between Gypsy/Travellers and settled communities.

Actions within Abedeenshire Council's Gypsy/ Traveller Action Plan

The Interagency Gypsy/ Traveller Group have a Grampian wide Gyspy/ Traveller Action Plan

Stage 10: How does the policy/activity create opportunities for advancing equality of opportunity? Helps meet the accommodation needs of the Gypsy/ Traveller community. A lack of local authority provision has made it difficult for Gypsy/Travellers to access basic services, in particular uninterrupted education for children, healthcare for all including children and the elderly and clean water/foul drainage – basic services enjoyed by the majority. This development will allow these needs to be met; A need for sites has been expressed by local and national elected representatives. If approved, this would go some way to improve the needs of the Gypsy/ Travellers.

Stage 11: What equality monitoring arrangements will be put in place? These should be included in any action Ensure Consultation and engagement with the Gypsy /Traveller plan (for example community includes those on private sites to ensure that their needs customer satisfaction are being met questionnaires).

Stage 12: What is the outcome of the Assessment? 1 No negative impacts have been identified –please explain.

Please complete Approval of the applications would have a positive impact on the Gypsy/ the appropriate Traveller community. They would have an authorised and established box/boxes permanent site. This would mean that they would continue to have access to educational, health and local services. Item: 12 Page: 33 Negative Impacts have been identified, these can be mitigated - 2 please explain. * Please fill in Stage 13 if this option is chosen. If the applications are refused negative impacts may occur if any subsequent appeal against the decision is refused and the Council goes on to undertake enforcement action. This could mean that ultimately the Gypsy/ Traveller family at this location would need to relocate and this would have a negative impact on access to health, education and local facilities. However any negative impacts could be mitigated through the identification in the proposed Local Development Plan (LDP) of suitable sites and the furtherance of the Council’s Gypsy/ Traveller Site Provision Strategy. However, there are no plans to develop any sites within or outwith the LDP in the short-term. If sites were developed this would mean that Gypsy/ Travellers would be provided with suitable alternative sites and there would be no negative impact provided every Gypsy/ Traveller in Aberdeenshire was resident on an authorised site. A negative impact of refusal that cannot be fully mitigated is that in the event of the applications being refused and any subsequent appeals being followed by enforcement action then there may be a period of time in which those Gypsy/ Travellers using the site at that time may have to set up unauthorised encampments. The activity will have negative impacts which cannot be 3 mitigated fully – please explain. * Please fill in Stage 13 if this option is chosen

* Stage 13: Set out the justification that the activity can and should go ahead despite the negative impact.

Planning applications should be determined in accordance with the development plan unless there are material considerations that indicate otherwise. It is considered that the proposal complies with the Development Plan.

Stage 14: Sign off and authorisation.

1) Service and Infrastructure Services – Planning Team 2) Title of APP/2016/2910 Policy/Activity

Name: Colm McKee 3) Authors: Name: I/We have Position: Senior Planner completed the Position: Date: 20th January 2017 equality Date: impact

Sign off and authorisation. Sign and off Signature: assessment Signature: Item: 12 Page: 34 for this policy/ Name: Name: activity. Position: Position: Date: Date: Signature: Signature:

4) Consultation Name: Mairi Stewart (Planning Manager) with Service Manager Date: Name: Robert Gray 5) Authorisation Name: by Director or Position: Head of Planning And Position: Head of Building Standards Date: Service Date: 6) If the EIA relates to a matter that has to go before a Committee, Committee report author sends the Committee Report and this form, and any supporting assessment documents, to the Officers Date: responsible for monitoring and the Committee Officer of the relevant Committee. e.g. Social Work and Housing Committee.

7) EIA author sends a copy of the finalised form to: eia@abdnshire Date:

(Equalities team to complete) Has the completed form been published on the website? YES/NO Date:

Action Start Complete Lead Officer Expected Outcome Resource Implications Use the Gypsy/ Traveller Officer Group and the Gypsy/ Representation from the Traveller Interagency Moyra Stephen (Housing) Travelling community on these Group as a platform to 2014 Ongoing Margarida Costa (Gypsy/ groups. (Outcome completed) None open doors for positive Traveller Representative) engagement and a Increased engagement and means to strengthen consultation with the Gypsy/ Traveller diversity within Community Aberdeenshire. Monitor the number of Reduction in the number of unauthorised Jennifer Macrae (GTLO, 2009 Ongoing unauthorised encampments in None encampments in Housing) Aberdeenshire Aberdeenshire Jennifer Macrae Monitor the compliance Increase in the compliance of the 2010 Ongoing (GTLO)Moyra Stephen None of the Code of Conduct Code of Conduct (authorised encampments) Education Service promoting use of education packs for Travelling children and Meeting the educational needs of 2010 Ongoing Irene Sharp (Education) None increase Gypsy/ Gypsy/ Traveller children Traveller children registrations at local primary schools Consider sharing the development and Moyra Stephen (Housing) Gypsy/ Traveller sites developed and Development and Management management of 2014 Ongoing Members of the Travelling managed effectively Costs stopover sites with Community Gypsy/ Travellers Provide assistance to Jennifer Macrae (GTLO, Gypsy/ Travellers who Housing)Piers Blaxter Gypsy/ Travellers develop sites that would like to develop 2014 Ongoing None

(Planning) Moyra Stephen meets their needs Page: 35 private and stopover Item: 12 (Housing) sites

Item: 12 Page: 36

APPENDIX 5

DRAFT MINUTE EXTRACT

ABERDEENSHIRE COUNCIL

BUCHAN AREA COMMITTEE

BUCHAN HOUSE, PETERHEAD, 31ST JANUARY 2017

Present: Councillors S Pratt (Chair), L Pirie (Vice Chair), A Buchan, E Chapman, A Gardiner, J Ingram, F McRae, N Smith and S Smith

Apologies: Councillors A Allan and T Malone

5. NEW PLANNING APPLICATIONS

The Committee had before them reports by the Director of Infrastructure Services on planning applications for determination in terms of the Town and Country Planning (Scotland) Acts 1972 and 1997 and agreed to dispose of the applications as detailed in Appendix B attached to this Minute.

(a) APP/2016/2910 Full Planning Permission for Change of Use from Vacant Land to Travellers Site Suitable for 10 Pitches with Associated Parking, Internal Access Road and Fencing at Aikey Depot, Old Deer (b) APP/2016/3016 Full Planning Permission for Erection of Dwellinghouse at Land adjacent to Mill Farm, Strichen (c) APP/2016/2787; Planning Permission in Principle for Erection of 3 No APP/2016/2786 & Dwellinghouses and Formation of Footpath APP/2016/2785 at Sites 1, 2 and 3, Brae of Biffie, Stuartfield

Item: 12 Page: 37

APPENDIX B

NEW PLANNING APPLICATIONS

(a) Full Planning Permission for Change of Use from Vacant Land to Travellers Site Suitable for 10 Pitches with Associated Parking, Internal Access Road and Fencing at Aikey Depot, Old Deer For: Aberdeenshire Council, Woodhill House, Westburn Road, Aberdeen Per: Aberdeenshire Council Property Department Reference No: APP/2016/2910

In terms of Standing Order 6.5, the Area Manager had received a request to address Committee from a Mr A Thom, an objector.

The Committee was asked if they wished to hear the representation. The Committee unanimously agreed.

The Committee first heard from the Senior Planner who reminded the Committee that this application will be determined by Full Council and therefore the Committee was required to provide comments only.

The Committee then heard from Mr Thom as follows:-

“I understand that Aberdeenshire Council is required to provide sites for the gypsy/travelling community but I firmly believe that this identified site is not appropriate or a practical choice in terms of what it offers the gypsy/travellers who would use it. This is certainly not a wise choice for children or young people from their safety, health, schooling and social integration points of view. Indeed, it puts their health at risk, creates difficulties for attending school, and hinders integration.

This proposal simply does not take sufficiently into account the wellbeing of children. Planning Aid Scotland in its section of guidance documents for the Gypsy/Traveller Planning Awareness Project, updated 5 October 2016, for Local Authorities states in relation to the best interests of the child, page 45, “As a matter of law, there is a requirement for decision makers to treat the best interests of any children affected by a decision to grant/refuse planning permission as a primary consideration. The Children (Scotland) Act 1995, places legal duties on Local Authorities with regards to the welfare of children. When considering Gypsy/Traveller planning applications, there is therefore a duty to consider the impact of decision-making on any children which will be affected by the outcome of that decision.”

A gypsy/traveller child was killed crossing that road in the 1980s, plus one other. This location is certainly not in the best interests of the gypsy/traveller children. This location is adjacent to a busy, twisty, fast B class road, without pavements or street lights. It would not be easy or safe for children to reach places like shops or parks. Attendance at both primary and secondary schools would be compromised because children could not walk there and school transport would take time to arrange. Normally in primary schools there are composite classes. It is quite likely that more than one gypsy/traveller child may be enrolled in such a class so delaying their assimilation into that class. Such a location at a distance from the nearest community prevents the ability of the children to develop and maintain friendships, and only reinforces their present social isolation.

Item: 12 Page: 38

The design statement states that the local villages can be accessed by foot. Old Deer, the nearest of the villages, has no public facilities beyond a telephone box, and that is due for removal. It has no shop, pub, school, doctor or public services. It is misleading and dishonest to omit saying that there are no services available in Old Deer. The route is not well served by public transport. The small village of Maud is claimed to be “within two miles of all local amenities” but is fully 2.7 miles distant.

Consultation – Aberdeenshire is disregarding its own guidelines as specified in its “Gypsy/Traveller Stopover Site Development Guidance” where it states that, page 15, “Consultation on any proposal for a new gypsy/traveller stopover site should include consultation with the local community (including both residents near to the site and the Community Council)”. There has been NONE – NONE – prior to the submission of this application.

I object that the applicant has not consulted on the setting given that the proposed development is in an Area of Historic Interest, and particularly close to Deer Abbey, a scheduled monument and a Property in Care. Page 7, “The initial approach should include all the potentially affected historic assets (including those relatively distant from the proposal and their settings). I see no evidence of, or reference to, this being done.

Historic Environment Scotland, Circular 1, Page 14, Item 51, regarding Planning Permission “Authorities must consult Historic Environment Scotland before determining a planning application before any development which may affect the site of a scheduled monument or its setting”. Aberdeenshire Council has sought no consultation with, nor sought advice from, Historic Environment Scotland or Scottish Natural Heritage.

The guidance and policies in Aberdeenshire’s Local Development Plan 2016 in relation to Conservation Areas, which are areas “of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. On page 14, speaking of Buchan, it states “Most of the area may be suitable for developing medium to large wind turbines apart from Mormond Hill and the high quality landscape between Maud and Mintlaw.” This is precisely where the applicant proposes to develop the gypsy/travellers site.

No Environmental Impact Assessment was submitted. In fact, deemed it not appropriate.

I object to the inaccurate statements in the application that letters of support have been received from the Crown Office and the Police. The letters from the Crown Office and Police Scotland merely describe their respective positions on enforcement regarding unauthorised encampments under the Trespass (Scotland) Act 1865, and are not statements of support for the application.

I object that the applicant has carried out no assessment of flood risk – again, deemed “Not applicable”. The site has a history of flooding and floods regularly with surface water several inches deep sitting for days and weeks on end, particularly in the back half of the proposed site. Photographs, which are available for consideration, taken at the beginning of November, confirm the amount of water that can sit there.

I object that the applicant has not carried out an up-to-date Contaminated Land Assessment for inclusion with the application.

Item: 12 Page: 39

Aberdeenshire Council continually refers to its ‘three options’ but at a public meeting several years ago in Mintlaw Academy for the original proposal, a fourth option was given to the Council, namely, that this area be developed by the local community as a recreation and tourism area which could be managed by Old Deer Community Association, who already have experience in developing two public pathways and could manage this area.”

The Chairman reminded the Committee that they were being asked to express a view and that each Member must remain open to receiving further information before making their ultimate decision at Full Council.

Following a very full discussion, and having noted that the recommendation to Full Council will be to Grant Full Planning Permission subject to the conditions as outlined within the report, the Committee agreed to put forward the following comments to Full Council as the unanimous comments of the Buchan Area Committee:-

(1) to note the Buchan Area Committee’s disappointment in respect of the lack of detail and inaccurate detail within the report and to seek a fuller report to Full Council, and

(2) the application as proposed will not provide the travelling community with the network of facilities required by families and the elderly for the following reasons –

(a) the proposal does not complement the document as published by the Scottish Parliament Equality Opportunities Committee in 2013 which outlines the requirements for a safe and proper environment for travelling families,

(b) the proposed site is within a vacant disused quarry and the issue of contamination should be explored further,

(c) the site frequently floods and therefore SEPA should be asked to investigate the site and provide a full report in respect of the proposal,

(d) in terms of the site’s history and necessary conservation - a major battle took place at Aikey and it is thought there are likely to be graves within the site; also it was once a site of Druid Circles - the conservation of the site is therefore of great local and national importance given its long history and we should be preserving Aikey for our future tourism and widely promoting its culture and heritage. For these reasons the proposal is a departure from Policy 13: Protecting, Improving and Conserving the Historic Environment as it undermines the character and amenity of the local conservation area.

In considering the above, the Buchan Area Committee requested that approaches be made to major Universities requesting that in-depth research be undertaken on the site;

(e) there is a huge safety concern as there are no pavements or footpaths proposed to the nearest villages and the site is on a fast country road; it should be noted that the distances detailed within the report to local villages are underestimated,

(f) there is already great pressure on the local school network,

(g) there is already a lack of local facilities in nearby villages, for example doctors, medical facilities, etc,

Item: 12 Page: 40

(h) the site is remote which will make connectivity and social integration difficult,

(i) no other sites have been taken into consideration, this site is being progressed purely on historical grounds given that travelling families have, in the past, located themselves at Aikey,

(j) in considering previous unauthorised encampments located at Aikey, this proposal is for 10 pitches only – in the past up to 31 caravans have located at any one time and it may be that this will lead to further unauthorised encampments in the local area, and

(k) the site is not included within the Local Development Plan for proposed development.

Item: 12 Page: 41 APPENDIX 6

Aberdeenshire Gypsy/Traveller Site Provision Strategy

1 Item: 12 Page: 42

1 Introduction and Background 3

2 Current Provision 4

3 Unauthorised Encampments 5

4 Proposed Increased Provision 7

5 Proposed Site Locations 7

6 Site Development Guidance 8

7 Decision Making Process 9

Item: 12 Page: 43

1 Introduction & Background

1.1 Legal recognition of Gypsy/Travellers as a Minority Ethnic Group

1.1.1 Gypsy/Travellers have been in Scotland for many centuries and still retain their own cultures and customs. The term 'Gypsy/Traveller' refers to distinct groups - such as Romany Gypsies, Scottish and Irish Travellers - who regard the travelling lifestyle as being part of their ethnic identity. There are also other types of Traveller, such as Occupational Travellers, Show-people and New Age Travellers: distinct groups who do not regard themselves as Gypsy/Travellers and do not receive protection under equalities legislation.

1.1.2 The legal recognition of Scottish Gypsy/Travellers as an ethnic group is reserved to Westminster. However, the Scottish Government continues to recognise Gypsy/Travellers as an ethnic group in its work and encourages others to do likewise.

1.2 Accommodation for All

1.2.1 Under the Homelessness (Scotland) Act 2003, a person is homeless if he/ she has accommodation but it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he/ she is entitled or permitted both to place it and to reside in it. Although some Gypsy/Travellers live in houses out-with the travelling season, for many their only accommodation all year round is a caravan and are therefore are deemed homeless if they have nowhere official to place and reside in their caravan.

1.2.2 Aberdeenshire Council through its Local Housing Strategy 2012-2017 has made a commitment to help meet the accommodation needs of all minority ethnic groups including Gypsy/Travellers based on the Strategic Outcome ‘Minority Ethnic communities including Gypsy/Travellers will have access to appropriate land, housing and support, encouraging social integration’.

1.2.3 Over a period of many years Aberdeenshire Council has been working towards identifying areas of land with the potential to be developed as stopover sites for Gypsies/Travellers. Such sites would help to meet the accommodation needs of Gypsies/Travellers as identified in the Craigforth Accommodation Study (2009) and from consultation with the Gypsy/Traveller Community as part of the Aberdeenshire Council’s, recently adopted, Local Housing Strategy (LHS) 2012 - 2017.

1.2.4 Craigforth Research (2009) recommended providing a mix of small, family orientated sites as well as larger sites to accommodate Gypsy/Travellers who travel in varying sizes of groups. This should include a mix of fully serviced and stopover sites.

Item: 12 Page: 44

1.2.5 Exact figures on the number of Gypsy/Travellers in Aberdeenshire are difficult to quantify, as some individuals live in mainstream housing and many do not ‘identify’ themselves as Gypsy/Travellers. The Scottish Census figures for 2011 included “Gypsy/Traveller” as a classification for the first time and the results were released in September 2013. In Scotland, 4,212 people were recorded as such with 175 in Aberdeenshire and 533 in Grampian at the time of the 2011 census. These figures include those on authorised Gypsy/ Traveller sites as well as mainstream housing.

1.3 Partnership Working

1.3.1 Partnership working is a key aspect of progressing the Council’s Gypsy/Traveller Strategic Outcome and delivering on the Gypsy/Traveller Site Provision Strategy. The Council’s Gypsy/Traveller Officer Group (GTOG) meet on a quarterly basis and has representation from all Services within the council as well as members from Police Scotland, NHS Grampian, Grampian Regional Equality Council and local Registered Social Landlords. This group takes forward actions from Aberdeenshire Council’s over-arching Gypsy/Traveller Action Plan. There is potential for members of the travelling community to be part of this group further strengthening partnership working.

1.3.2 The Gypsy/Traveller Interagency Group includes members from the three local authorities in the Grampian area – Aberdeenshire, Aberdeen City and the Moray Councils, Police Scotland, NHS Grampian and Grampian Regional Equality Council (GREC).

1.3.3 Aberdeenshire Council officers and the Gypsy/Traveller Liaison Worker engage with the members of the Travelling community on a regular basis. This involves consultation exercises as well as more in-depth meetings regarding specific issues.

2 Current Provision

2.1 Greenbanks Gypsy/Traveller Site, Banff

Aberdeenshire Council has one well established seasonal site at Greenbanks in Banff. It is a fully serviced site with twenty pitches open from the first week in April through to the last week in September each year. The site is fully booked every year during this time period.

2.2 Joint Venture with Aberdeen City Council

To help meet demand for pitches in central Aberdeenshire a joint venture was established with Aberdeen City Council in April 2014 to jointly manage four transit pitches at Clinterty Travelling Persons site. Each of the four transit pitches on the site can accommodate up to three caravans. Each pitch has access to a wash block and the

Item: 12 Page: 45

maximum stay on each is 2 weeks. The transit pitches are currently running at full capacity and a waiting list for pitches is in operation.

3 Unauthorised Encampments

3.1 Aberdeenshire Council is striving to provide a balance between the needs of members of the settled community and Gypsy/Travellers who want to stay on a temporary encampment when in Aberdeenshire, and are restricted in where they can legally encamp. The council, in recognising that local communities often have concerns about the impact of unauthorised sites, expects encampments to be managed to a standard that does not cause disturbance to the local settled community nor to the environment. Aberdeenshire Council's Code of Conduct for unauthorised encampments is available on-line http://www.aberdeenshire.gov.uk/media/15018/code-of-conduct.pdf

3.2 Should authorised Gypsy/Traveller sites not be developed, the management of unauthorised encampments remains an issue.

3.3 The table below shows the volume of encampments in Aberdeenshire over the past five years.

Table. 1 Unauthorised Gypsy/Traveller Encampments in Aberdeenshire 2009-2013

Aberdeenshire No. of Encampments 2009 32 2010 30 2011 23 2012 53 2013 45 Total 183

Source: Aberdeenshire Council, 2014

Item: 12 Page: 46

3.4 The table below highlights the level and distribution of unauthorised encampments with consideration given to the six council Areas.

Table 2. Unauthorised Gypsy/Traveller Encampments in Aberdeenshire 2009-2013 by Area

No. of Encampments % of Total in Area 2009-2013 Aberdeenshire Garioch 20 11% Formartine 38 21% Marr 7 4%

Buchan 33 18%

Banff& Buchan 27 15%

K&M 58 32% Total 183

Source: Aberdeenshire Council, 2014

3.5 Limitations in dealing with unauthorised encampments

3.5.1 In terms of Section 3 of the Trespass (Scotland) Act 1865 the lodging in any premises or occupying or encampment on any land, being private property without the consent and permission from the owner or land occupier of such premises is an offence. In 2001, the then Lord Advocate issued guidance to prosecutors that there should be presumption against the prosecution of Gypsy/Travellers for unauthorised encampments in terms of Section 1 of the Trespass (Soctland) Act 1865. However, the presumption may be overriden by other public interest considerations in favour of prosecution.

3.5.2 As is currently the case with unauthorised encampments on any privately owned land, it is the responsibility of the land owner to deal with any encampment including eviction proceedings and any associated costs, not the Council.

3.5.3 Regular unauthorised stopping places for Gypsy/Travellers can cause issues between the settled and Travelling communities. It is considered that if sites were effectively developed and managed as authorised sites, as with the council’s Greenbanks site, it is expected that issues surrounding unauthorised encampments in the area would be greatly reduced.

Item: 12 Page: 47

4 Proposed Increased Provision

4.1 Increased Provision Impact on Unauthorised Encampments

4.1.1 Management and control of any site provision has been proven to improve standards and conditions for all stakeholders. Well managed authorised Gypsy/Traveller sites will not only help meet the accommodation needs of the Travelling community but will help reduce tensions between settled and Travelling communities.

4.1.2 In the event that presumption against prosecution should change, with increased site provision, Police Scotland have intimated that action will be taken to progress trespass legislation, where appropriate, under the direction of the Procurator Fiscal.

4.1.2 The opportunities being presented by the provision of authorised stopover sites include the ability to create very positive links with education, primary health and social work services. The opportunity will also be given to create positive links with settled communities, to share cultures and to acknowledge diversity.

4.1.3 Currently NHS Grampian has some difficulty in meeting the health needs of Gypsy/Travellers in the area. NHS events at authorised sites such as Greenbanks and Clinterty have proved successful and could be replicated at sites to be determined. NHS Grampian believe that their services will be able to target Gypsy/Travellers more effectively in specific sites.

4.2 Local Development Plan Proposed Provision

4.2.1 Four sites have been identified under the current Local Development Plan (LDP).

However, it is unlikely any of these sites will be developed in the short term. With the current situation regarding the volume of unauthorised encampments, there remains a need for more immediate site provision.

4.3 Developing sites in partnership with the Travelling community

4.3.1 Discussions are ongoing between council officers and members of the Travelling community to jointly develop and manage sites. Areas of good practice in England are being considered which also highlight some of the pressures associated with developing sites in this way.

5 Proposed Site Locations

5.1 Site provision across Aberdeenshire would help meet the increasing demand for sites within the local authority area. In addition to the existing provision the objective is to identify at least one area of land in

Item: 12 Page: 48

North (Banff & Buchan and Buchan Areas), Central (Garioch and Formartine Areas) and South (Kincardine & Mearns and Marr Areas) in Aberdeenshire which would be suitable as developing as Gypsy/Traveller sites at some stage in the future if the need arose. As it is difficult to predict volume and travel patterns of those coming into Aberdeenshire, Aberdeenshire Council must be responsive to meeting the needs of Gypsy/Travellers.

5.2 Based on Craigforth recommendations and consultation exercises carried out with members of the Travelling community, the location and volume of unauthorised encampments in each Area over the past few years, Aberdeenshire Council must be flexible in terms of solutions with regard to what’s available at the time.

5.3 Aberdeenshire Council’s Site Provision Strategy Action Plan is attached and will be delivered by a team of Council officers and partners, and covers a range of targets. The targets are specific and measurable, and will be subject to monitoring by the Gypsy/Traveller Officer Group. The action plan will be subject to review every six months.

5.4 Consultation of proposed sites will follow due process and representation, participation and input from members of the Gypsy/Traveller community will be strongly encouraged.

6 Site Development Guidance

6.1 The level of provision and amenities on Gypsy/Traveller sites will vary, however, until such times as up-to-date Scottish Government guidance on site provision is published, minimum site provision will meet that detailed within Aberdeenshire Council’s Stopover Site Development Guidance which was agreed by Aberdeenshire Council’s Gypsy/Traveller Sub-Committee in 2013. http://www.aberdeenshire.gov.uk/media/15314/stopover-site- specification.pdf There are three main types of Gypsy/Traveller site provision. Each of the three types of site would be managed effectively based on the level of amenities provided and the size of site.

Three options for developing a Gypsy/Traveller site are:

1 A Stopover Site 2 A fully serviced Transit Site 3 A fully serviced Permanent Site

1 A Stopover site would have basic amenities. This includes pitches that would have access to a water stand-pipe, refuse facilities and portable toilets. The maximum duration on the site would be 28 days.

Item: 12 Page: 49

2 A Transit site would have pitches that have access to individual amenity blocks including a toilet and shower. Refuse facilities would also be provided. The maximum duration on the site would be 28 days.

3 A Permanent site would have pitches that have access to individual amenity blocks including a toilet and shower. Refuse facilities would also be provided. There would be no time limit for the length of stay on a permanent pitch.

6.2 To bring Council owned areas up to an acceptable standard of provision any planning application would be required to be submitted with evidence to support the ‘test’ in the Local Development Plan that it should "allow reasonable access to employment, education, community facilities and the main road network" (SG SHN 3 'Gypsy Travellers').

6.3 Craigforth (2009) research, recommended stopover sites accommodate 6-8 pitches based on the volume of Gypsy/Traveller travelling through Grampian at that time. However, since 2009 Grampian has experienced slightly larger groups of Gypsy/Travellers coming into the area. Therefore stopover sites should ideally range in size from 6-8 pitches to larger sites accommodating up to 15 pitches.

7 Decision Making Process

7.1 Local Authority Site Provision

7.1.1 The suitability of areas of land as potential sites are discussed initially by the council’s Gypsy/Traveller Officer Group (GTOG) including input from Area Managers and partner organisations. The formal reporting of proposed sites are through the council’s Gypsy/Traveller Sub- Committee.

7.1.2 Gypsy/Traveller site provision is of regional significance. Decisions on whether planning applications from Communities can be submitted, will be agreed by Aberdeenshire Council. If planning applications are submitted, Aberdeenshire Council will make a decision on the planning applications. The relevant Area Committee comments would be sought.

7.2 Private Stopover Site Provision

7.2.1 Planning applications for stopover sites operated by private site owners are also of regional significance and therefore would require Aberdeenshire Council to make a decision on the planning applications. Again, the relevant Area Committee would be asked for comment.