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Westwood, Honingham Road, Weston Longville, Norwich, NR9 5LB Change of Use to Residential Purposes: Planning Statement

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Westwood, Honingham Road, Weston Longville, Norwich, NR9 5LB Change of Use to Residential Purposes: Planning Statement Westwood, Honingham Road, Weston Longville, Norwich, NR9 5LB Change of use to residential purposes: Planning Statement National Policy Office of the Deputy Prime Minister Circular, 01/2006, Planning for Gypsy and Traveller Caravan Sites was introduced in response to the shortfall in site provision and because its predecessor, Circular 1/94, and the repeal of local authorities’ duty to provide sites, had failed to deliver adequate sites, C1/06 paragraph 3. Its main intentions included, paragraph 12: ‘a) to create and support sustainable, respectful, and inclusive communities where gypsies and travelers have fair access to suitable accommodation, education, health and welfare provision….; b) to reduce the number of unauthorised encampments and developments and the conflict and controversy they cause …. c) to increase the number of gypsy and traveller sites in appropriate locations with planning permission in order to address current under- provision over the next 3– 5 years….’ [ie from the publication date of February 2006]; d) to recognise, protect and facilitate the traditional way of life of gypsies and travellers…; and i) to help to avoid gypsies and travellers becoming homeless through eviction from unauthorised sites without an alternative to move to.’ Circular 1/06 required a three stage planning process for meeting the needs of Gypsies and Travellers. The three stages are measuring accommodation needs through Gypsy and Traveller Accommodation Assessments (GTAAs), defining the number of additional pitches required in each local planning authority area through Regional Spatial Strategies (subsequently known as Regional Strategies), and translating those Regional Strategy targets into specific site allocations in one of the local planning authority’s Development Plan Documents, paragraphs 20 – 38. Paragraph 43 indicates: ‘Where there is clear and immediate need, for instance evidenced through the presence of significant numbers of unauthorised developments or occupation, local planning authorities should bring forward sites DPDs containing site allocations in advance of regional consideration of pitch numbers, and completion of the new GTAAs.’ Paragraph 44 gives guidance on the type of evidence that should be used including incidents of unauthorised encampments, numbers and outcomes of planning applications and appeals, levels of occupancy, plot turnover and waiting lists for public sites, the status of private sites and the Caravan Count, and underlines that: ‘Local planning authorities will be expected to demonstrate that they have considered this information, where relevant, before any decision to refuse a planning application for a gypsy and traveller site.’ Paragraphs 47 to 55 recognise the preference of Gypsies and Travellers for sites in rural areas and the countryside and provide guidance on how their difficulties in securing an adequate supply of affordable land for their needs should be overcome. Paragraphs 64 to 66 indicate how sustainability considerations should be taken into account in identifying sites. Paragraph 65 states: ‘In deciding where to provide for gypsy and traveller sites, local planning authorities should first consider locations in or near existing settlements with access to local services, e.g. shops, doctors and schools….’ Paragraph 21 of PPS3, Housing makes clear that accommodation for Gypsies is part of overall residential provision. It states: ‘…Local Planning Authorities should plan for a mix of different types of households that are likely to require housing over the plan period. This will include having particular regard to: - Current and future demographic trends and profiles. - The accommodation requirements of specific groups, in particular families with children, older and disabled people. - The diverse range of requirements across the area, including the need to accommodate Gypsies and Travellers.’ In July 2010 the Secretary of State for Communities and Local Government, Eric Pickles, announced the revocation of Regional Strategies (RSs) in all regions of England. However, following a legal challenge by housing developer CALA Homes, the courts found that the Secretary of State had exceeded his powers in attempting to abolish the whole national structure of RSs and in doing so without carrying out any Strategic Environmental Assessment.1 The current position is that RSs have been temporarily reinstated as a result of the CALA homes judgement, while the Government has made it clear that it intends to abolish RSs. 2 The Courts have also recognised the intended abolition of RSs as a material consideration in the determination of planning applications. However, the judgement in the subsequent Court of Appeal hearing, indicated that there would be few cases where the proposed revocation should be given significant weight.3 The timing of abolition will depend not only on the Localism Bill, but also on the carrying out of the strategic environmental assessment of the consequences 1 Cala Homes V. Secretary of State for Communities and Local Government, 10 November 2010, http://www.bailii.org/ew/cases/EWHC/Admin/2010/2866.html 2 DCLG, 27 May 2010, letter from the Secretary of State to local planning authorities and the Planning Inspectorate and 10 November 2010, letter from Steve Quartermain, DCLG Chief Planner to local planning authorities http://www.communities.gov.uk/documents/planningandbuilding/pdf/1765467.pdf 3 http://live.thomaseggar.precedenthost.co.uk/ebulletins/court-of-appeal-issue-latest-judgment-in-the- cala-s-litigation of abolition, which DCLG Minister, Bob Neil announced in a parliamentary answer in April 2011. The Draft National Planning Policy Framework gives a clear indication of the Government’s direction of travel, including strong support for accommodating housing and business development needs and the presumption in favour of sustainable development, paragraph 14: ‘At the heart of the planning system is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking. Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible. Local planning authorities should: • prepare Local Plans on the basis that objectively assessed development needs should be met, and with sufficient flexibility to respond to rapid shifts in demand or other economic change; • approve development proposals that accord with statutory plans without delay; and • grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date.’ All of these policies should apply unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.’ The Secretary of State has indicated that he intends to replace Circular 1/06 with ‘light touch guidance’. The draft Planning Policy Statement, Planning for traveller sites, was published for consultation in April 2011. It retains the principles of assessing evidence of need and of increasing the number of sites in appropriate locations to address under provision.4 Paragraph 26 of the Draft strengthens the approach to determining planning applications, when LPAs have not made provision: ‘This planning policy statement comes into effect immediately. From [the date six months after date policy comes into effect], if a local planning authority cannot demonstrate an up-to-date five year supply of deliverable sites, it should consider favourably applications for the grant of a temporary planning permission.’ The Government proposes to publish the finalised guidance as soon as possible and to then to incorporate it in the National Planning Policy Framework. Given the significant differences in the relative length and policy approach of the two documents, and the potential need for further public consultation on Gypsy and Traveller policy as it is be incorporated in the NPPF, this raises questions about the approach and timing of the finalised guidance. 4 Draft Planning Policy Statement, paragraph 5 We would comment that C1/06 remains in force and that the proposed changes in Planning for traveller sites would make little, if any, difference to the question of whether planning permission should be granted in this case. However, the proposed transitional arrangements, paragraph 26, would strengthen the case for at least temporary permission. The Development Plan The Development Plan consists of the Regional Strategy for the East of England, the Joint Core Strategy for Broadland, Norwich and South Norfolk, together with saved policies from the Broadland Local Plan. The Council is in the process of producing a Site Allocations Development Plan Document. Key policies within the East of England Regional Strategy are: • Policy H3, Provision for Gypsies and Travellers, which requires Broadland to make provision through their development control decisions and Development Plan Documents for a minimum additional 15 residential pitches by 2011 ‘as soon as possible’, and beyond 2011 to make provision for an annual 3% compound increase in residential pitch provision, equating to a further 13 pitches, 2011-21; • Paragraph 5.11, which explains: ‘There is an urgent need to address the shortage of permanent and transit accommodation for Gypsies and Travellers, which creates problems for Gypsy and Traveller communities in terms of access to health, education, employment and other opportunities
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