Memorandum by Wychavon District Council
(GTS 47)
BACKGROUND
Extensive provision made for gypsies in Wychavon—five
public sites and numerous private sites with planning permission.
Other Councils in the region have made little or no provision
for gypsies.
In rural areas, very difficult to provide adequate
supply of affordable housing for local families that have lived
in villages for generations. The planning process of securing
"exceptions" housing for local people in housing need
is based on local connections/overall need etc.
RECENT GYPSY
PROBLEMS IN
WYCHAVON
Three major problems in the last year of gypsies
with little or no previous connections with the area establishing
new sites without first obtaining planning permission. In each
case, land was acquired and the unauthorised development was carefully
planned many weeks in advance. One of the sites is in the Green
Belt; another is immediately adjacent to an area of Outstanding
Natural Beauty and with serious highway safety issues.
Council have used enforcement powers available
to it and cases are still ongoing, with significant costs to the
Council, the gypsies and the legal aid fund.
CLOSURE OF
GYPSY SITES
IN OTHER
COUNTIES
Other Councils are allowing (even encouraging)
the closure of established gypsy sites without requiring any alternative
provision to be made. This selfish practice exacerbates the problem
re the national shortage of sites for gypsies.
SUMMARY OF
KEY ISSUES
AND ACTIONS
REQUIRED
1. Deliberate and orchestrated breaches of
planning control—setting up of encampments without permission:
— These are well planned/choreographed
and of unprecedented scale.
— In some cases, they appear to be
encouraged by their professional advisors.
— The effect is bringing the planning
system into disrepute.
— The gypsies are abusing the statutory
planning system to gain human rights advantages.
— The feelings in local communities
are very strong/anger.
— The Government Minster, Yvette Cooper
herself said (in a letter of 26 February 2004 to the Traveller
Law Reform Coalition) that "it is important that the planning
system should be respected and enforceable".
2. The Future—matters to consider for
future policy development:
— This is a national problem—not
a local one; all Councils should be required to make a contribution
re the provision of sites for gypsies.
— The Local Plan process—does
not take adequate account of gypsies in policy development/no
formal quantative assessment of needs of gypsies.
— The Government offices are charged
with looking at Local Plans/Housing Strategies and can object.
But this is not happening at a strategic level.
— It is not for individual Districts
to adopt ad hoc policy approaches—scope for strategic guidance
on both policy approaches and spatial issues at regional (or even
better sub-regional level where sub-regional body exists) to develop
and enforce policies.
— Circular 1/94 should be reviewed
urgently and should get the balance right between travellers and
settled communities. Need to be seen to give Local Planning Authorities
adequate policy direction.
— The enforcement provisions of the
new Planning & Compulsory Purchase Act 2004 should have "teeth"
or will be meaningless for those that have to deal with breaches.
3. Other matters:
— Councils should not be allowed to
permit the closure of gypsy sites without referring the matter
to the Secretary of State (like Playing Fields Direction).
— Utility companies should be obligated
to advise Local Authorities when installing services in rural
areas where no development currently exists.
— Legal aid should not be granted in
cases where there has been a clear failure to follow statutory
processes eg planning regime, Land Registration requirements;
if legal aid is to be considered, there should be proper examination
of the gypsies' means and it should not be allowed for High Court
challenges where the gypsies clearly have substantial resources
of their own.
| 
