Memorandum by the Office of the Deputy
Prime Minister (GTS 01)
1. BACKGROUND
1.1 The Government is committed to supporting
local authorities in maintaining and enhancing the existing public
site network, and encouraging the development of further sites
with planning consent. The Government is also committed to supporting
local authorities, police forces and other agencies in managing
unauthorised encampments including unauthorised developments,
to prevent unnecessary enforced movement but, equally, to prevent
and deter disruption, crime and antisocial behaviour which impacts
adversely on others, including others on encampments.
2. REVIEW OF
POLICY
2.1 In 2003 the Housing Minister, Yvette
Cooper, announced that ODPM was undertaking a Review of its Gypsy
and Traveller accommodation policies, reporting this summer to
Ministers. The ODPM Review of Gypsy and Traveller Policy has a
focus on the mainstreaming of Gypsy and Traveller issues within
wider local and national policy. The Review centres on Gypsy and
Traveller accommodation issues, but ODPM will also be working
with other Government departments to consider health, education,
employment and other issues of equality and social inclusion.
2.2 The Review is being informed by ODPM
funded research conducted by the University of Birmingham and
by discussion with the Gypsy and Traveller community, local authorities,
the Commission for Racial Equality, the Institute of Public Policy
and Research, other Government departments and other stakeholders.
2.3 We have, in response to a request from
the Traveller Law Reform Coalition (made up of a number of organisations
concerned with Gypsy and Traveller issues), organised a series
of seminars that have examined public site provision, land use
and planning, social inclusion, and equality and diversity issues
around access to services.
2.4 Ministers and officials have ongoing
dialogue with key stakeholders to discuss the many complex issues
that affect Gypsy and Traveller and other communities.
3. THE GYPSY
AND TRAVELLER
POPULATION
3.1 There are two separate but overlapping
definitions of Gypsies and Travellers: an ethnic definition (denoted
by capital letters) and a planning definition (denoted by a small
"g"). An ethnic Gypsy or Traveller may not necessarily
be a "gipsy" for planning purposes, and vice versa.
3.2 Romany Gypsies and Irish Travellers
are classified as racial groups and protected under the Race Relations
Act 1976 as amended by the Race Relations (Amendment) Act 2000
(see Annex 1 for further information).
3.3 The legal definition of a "gipsy"
, first set out in the Caravan Sites Act 1968, as a "person
of nomadic habit of life whatever their race or origin",
excluding members of an organised group of travelling showmen
or person engaged in travelling circuses travelling together as
such. This was based on High Court definition in Mills v Cooper
(1967). The "gipsy" definition was adopted for planning
purposes in 1977, under a Circular numbered 28/77, which said
that "gipsy" status was a "material consideration"
in planning cases. This was clarified in R v South Hams ex
parte Gibbs (1994) as "persons who wander or travel for
the purpose of making or seeking their livelihood (not persons
who move from place to place without any connection between their
movements and their means of livelihood)". Thus the legal
definition is explicitly concerned with habitual lifestyle rather
than ethnicity, and may include both "born" Gypsies
and Travellers and "elective" Travellers such as New
(Age) Travellers. While some legislation uses the spelling "gipsy",
the spelling "gypsy" is now commonly used. When referring
to the ethnic group, Gypsy is spelt with a "y".
3.4 There are no agreed estimates of the
overall population of ethnic Gypsies and Travellers in the UK.
Estimates range from 82,000 (an estimate made by Kenrick &
Clark 1999) and 300,000 (a figure estimated by the Council of
Europe—Liegeois 1987). Gypsies and Travellers are not recorded
as a specific group in any national surveys, with the exception
of ODPM's twice-yearly Gypsy Caravan Count and pupil ethnic monitoring
which goes to DfES. See paragraph 4.6 for more information on
the Gypsy Caravan Count. In the past the Count has asked for information
on the numbers of families, adults and children living in caravans
on authorised (local authority and private) sites, as well as
unauthorised encampments and unauthorised developments.
3.5 However, a 2003 review of the Count
found data on families and individuals to be generally inaccurate
and difficult to collect, and a revised Count, being introduced
from July 2004, will not be asking for demographic data. In addition,
data from the Count only covers Gypsies and Travellers living
in caravans, while we know that a considerable part (according
to reports from some areas of England, over half, or an even bigger
majority) of the population is housed in bricks and mortar. The
future housing needs assessments will gather more detailed demographic
data. See paragraph 4.18 for more information.
3.6 The ODPM Review of Gypsy and Traveller
Policy is also looking at ways to enhance our demographic data
on Gypsies and Travellers. For example, it is also looking at
the definition of Gypsies and Travellers in existing legislation.
Some measures, such as the inclusion of Gypsies and Travellers
as a specific group with the Survey of English Housing, are already
being implemented.
4. CURRENT PROVISION
AND LOCATION
OF SITES
In Context
4.1 The Caravan Sites and Control of Development
Act 1960 introduced special controls in respect of unauthorised
caravan sites, and required that, with certain exceptions, caravan
sites should have both planning permission and a special site
licence. The Act was not specifically directed towards Gypsies
and Travellers: its purpose was primarily to regulate the provision
of sites for static caravans.
4.2 The Act gave a power to local authorities
to provide sites for those who needed them, but this was taken
up very patchily. The Government passed the second part of the
Caravan Sites Act in 1968 as a consequence of Eric Lubbock's (now
Lord Avebury) Private Members Bill. This placed a statutory duty
on all County Councils to identify the need for sites and decide
where they should go, and a duty on district councils to develop
and manage them.
4.3 The Act was put in place to ensure that
there would be enough pitches not only for those Gypsies and Travellers
permanently residing in each local authority area, but also for
those "resorting to" each area. Once a local authority
was deemed to have provided sufficient pitches, or had been able
to prove that it was not "necessary or expedient" for
it to provide any or enough, it could then apply to become "designated"
by the Secretary of State. The effect of "designation"
was to provide the local authorities with greater powers to prosecute
or move on those on unauthorised encampments: it became a criminal
offence for any "gipsy" to station a caravan for the
purpose of residing within that area without the consent of the
landowner.
4.4 These powers on their own did not result
in the provision of sufficient numbers of sites, therefore the
Government introduced a 100% exchequer grant in 1979 to further
encourage local authorities to provide Gypsy and Traveller sites.
When the policy was reviewed in 1992 only 38% of local authorities
had achieved designation.
4.5 In 1994, most of Part II of the Caravan
Sites Act (which dealt with the duty on local authorities to provide
Gypsy sites and the control of unauthorised encampments) was repealed
by the Criminal Justice and Public Order Act 1994, and the grant
ceased. At that time, just under 6,000 caravans were sited on
pitches provided by local authorities.
THE CURRENT
SITUATION
Data
4.6 Information on the numbers of caravans
on various types of site comes from the ODPM's Gypsy Caravan Count,
which has been in place since 1979. All local authorities (generally
district councils in shire counties) count the numbers of caravans
on authorised sites (local authority and private), as well as
on unauthorised encampments and unauthorised developments (see
para 4.13 for definitions). The Count is carried out in January
and July and is voluntary, however there is a very high return
rate. The Count is currently being revised to increase its accuracy
and usefulness, with the new version having being piloted in May
2004.
Public Provision
4.7 The number of caravans sited on local
authority sites has fluctuated between approximately 5,800 and
6,300 since the repeal of the Caravan Sites Act in 1994, and as
at January 2004 stands at 5,848 across 324 sites. The great majority
of these caravans are located on permanent residential sites.
Only 272 transit pitches are currently provided for the purposes
of short-term stays by Gypsies and Travellers. Annex 2 shows the
number of caravans on public sites and private sites since 1979.
4.8 Sites are not provided evenly across
the country, but tend to be concentrated in the areas favoured,
probably for economic reasons, by Gypsies and Travellers. The
regional breakdown of caravans on public Gypsy and Traveller sites
is as follows:
Region
| No of Caravans | Percentage of Total
|
SOUTH EAST | 1,103
| 19 |
| EASTERN | 1,071 | 18
|
| YORKS AND HUMBERSIDE | 686 |
12 |
| SOUTH WEST | 666 | 11
|
| WEST MIDLANDS | 638 | 11
|
| GREATER LONDON | 600 | 10
|
| NORTH WEST | 415 | 7
|
| EAST MIDLANDS | 353 | 6
|
| NORTH EAST | 316 | 5
|
| |
|
Public Site Locations
4.9 The ODPM report "The Provision and Condition
of Local Authority Gypsy/Traveller Sites in England" (2002)
looked at, among many other things, site location. It found that
local authority sites are usually located on fringe areas of towns
and villages (70%) with a further fifth (19%) in rural areas.
4.10 Surveyors assessed the visual quality of local areas
in which sites are set quite favourably. Over four out of 10
sites are in local areas judged to be excellent or very good
visually, and a further 33% are in areas judged good. A quarter
of sites are in areas judged average or poor[1]
4.11 Approximately half of all sites suffer from problems
associated with adjoining land or activities to some extent.
These are broken down as follows:
Nature of Problem | % of Sites Affected
|
Motorways or Major Roads | 26
|
| Railways | 13 |
| Rubbish Tips | 12 |
| Industrial or Commercial Activity | 8
|
| Sewage Works | 3 |
| |
PRIVATE PROVISION
4.12 Increasingly, Gypsies and Travellers choose to make
their own provision. The number of caravans located on sites owned
by Gypsies and Travellers, for which they have planning permission,
has risen every year since our records began in 1979. In January
2004, 4,890 caravans were located on such sites, distributed around
the country in a fairly similar pattern to the provision made
by local authorities (see Annex 2).
Region | No of Caravans
| % of Total |
Eastern | 1,373
| 28 |
| South East | 891 | 18
|
| North West | 617 | 13
|
| South West | 613 | 13
|
| East Midlands | 509 | 10
|
| West Midlands | 416 | 9
|
| Yorks and Humberside | 350 |
7 |
| Greater London | 99 | 2
|
| North East | 22 | less than 0.5%
|
| |
|
UNAUTHORISED SITES
4.13 These break down into two groups—unauthorised
encampments on land not owned by the occupants, and unauthorised
developments (ie without planning permission) on land owned by
the occupants.
4.14 Unauthorised encampments. In January 2004
there were 1,594 caravans on unauthorised encampments. This figure
has been falling year on year. It should be noted however that
unauthorised encampments have a seasonal element—in the
summer there are approximately a third more caravans on unauthorised
encampments than in the winter.
Period | No of Caravans
|
January 97 | 1,704
|
| January 98 | 1,792 |
| January 99 | 1,717 |
| January 2000 | 1,788 |
| January 01 | 1,638 |
| January 02 | 1,637 |
| January 03 | 1,620 |
| January 04 | 1,594 |
| |
Annex 3 shows the number of caravans on unauthorised encampments
and developments since 1996—this clearly shows the seasonal
variation between the number of caravans on the road in summer
and in winter. Before summer 1996 unauthorised encampments and
unauthorised developments were not differentiated in our collection
process.
4.15 Unauthorised encampments show a similar geographical
distribution as authorised sites:
January 2004 Count
Region
| Caravans on
Unauthorised
Encampments
| Percentage of
Total |
South East | 351
| 22 |
| Eastern | 250 | 16
|
| South West | 228 | 14
|
| West Midlands | 203 | 13
|
| East Midlands | 195 | 12
|
| Yorks & Humberside | 111
| 7 |
| North East | 96 | 6
|
| London | 83 | 5
|
| North East | 77 | 5
|
| |
|
4.16 Unauthorised developments. The use of Gypsy
or Traveller-owned land as a caravan site without planning permission
has been increasing since 2001. In January 2004, the number of
caravans on these developments stood at 1,977, an increase of
568 caravans on the previous January's figures. Once again these
developments are found in different concentrations around the
country, with almost 50% being located in the Eastern region.
Annex 3 shows the numbers of caravans on unauthorised developments
since July 1996. Before summer 1996 unauthorised encampments and
unauthorised developments were not differentiated in our collection
process.
January 2004 Count
Region
| Caravans on
Unauthorised
Encampments
| Percentage of
Total |
| Eastern | 922 | 47
|
| South East | 385 | 19
|
| West Midlands | 210 | 11
|
| South West | 197 | 10
|
| London | 87 | 4
|
| Yorks & Humberside | 63
| 3 |
| East Midlands | 61 | 3
|
| North West | 43 | 2
|
| North East | 9 | less than 0.5%
|
| |
|
Future provision
4.17 Estimates made in "The Provision and Condition
of Local Authority Gypsy/Traveller Sites in England" (ODPM,
2002) indicate that, to 2007, between 895 and 2,055 additional
pitches will be required on local authority sites. A further 1,970
to 2,545 pitches on short-stay transit sites are estimated to
be required to cater for nomadism. We have not made estimates
of the demand for further private provision; however, the current
number of caravans on unauthorised developments indicates that
demand for this form of provision is also increasing greatly.
4.18 From 2005, local authorities will be required to
carry out housing needs assessments which include Gypsies and
Travellers, whether on sites, encampments or in housing, just
as they do for the rest of the community. Guidance on housing
needs assessment is currently being revised, and will set out
a baseline of things which should be considered in regard to the
Gypsy and Traveller community, as well as methodologies for carrying
out the assessment. Under the new planning system, the collected
data will feed through into the regional planning system, and
will result in a much clearer understanding of local site needs
and the responsibility of each local authority to meet them.
4.19 We are looking further at other options around future
provision as part of the Review.
5. MANAGEMENT OF
UNAUTHORISED CAMPING
AND UNAUTHORISED
DEVELOPMENTS
Unauthorised encampments
5.1 In November 2001, the Edinburgh college of Art/Heriot-Watt
University School of Planning and Housing published research Paper
77, entitled "The Management of Unauthorised Camping:
Monitoring the Good Practice Guidance". This was research
commissioned by ODPM's predecessor, and jointly managed by DTLR
and Home Office. It reviewed usage of the 1998 Good Practice Guidance,
modified in July 2000. The survey was of local and police authorities'
experience, rather than the experience of those Gypsies and Travellers
who were being moved on, or not.
5.2 The key findings of the research were:
— Most local authorities and police forces have
some experience of unauthorised camping, and some had their policy
and practice changed as a direct result of the guidance.
— Unauthorised camping exacerbated opposition from
neighbouring settled communities.
— Many local authorities felt the powers served
them well. The Crime and Disorder Act 1998 had led to effective
working relationships between councils and police.
— Most local authorities already had a written Gypsy
and Traveller Strategy in place, or were developing one. Some
had also reviewed their policies on unauthorised camping with
reference to the Human Rights Act 1998—others planned to
do so.
— Several local authorities reported the benefits
of inter-agency working, in developing a more holistic in assessing
the needs of Gypsies and Travellers whilst taking a consistent
approach to the management of unauthorised camping.
— The research recommended the guidance should encourage
the development of local strategies based on need, with effective
working practices based on agreed protocols.
5.3 The ODPM has been working with the Home Office to
produce updated managing unauthorised camping guidance—aimed
primarily at local authorities and the police—on how they
can manage unauthorised encampments. It was published on the ODPM
website in February 2004. Hard copies will be published when guidance
on the use of new police powers (see below) introduced by the
Anti-Social Behaviour Act 2003, have been reviewed and incorporated
following our recent consultation, which ended on 21 May 2004.
5.4 The guidance will help users to understand the causes
of unauthorised camping and to understand what actions they might
take—for example, identifying welfare needs but also responding
to problems and making decisions to evict, if need be. The guidance
stresses the importance of joined-up, balanced and consistent
policies and strategies that recognise the reasons behind unauthorised
camps and respond to them appropriately.
5.5 The authorities and police forces pursuing best practice
have contributed extensively to the 2004 Guidance, and the anecdotal
and other evidence suggests further development of best practice
since the 2001 survey, and increasing wish of some authorities
to establish stopping-place sites and local arrangements, wherever
possible.
New police powers
5.6 The new police powers introduced in Sections 62A
to 63E of the Criminal Justice and Public Order Act 1994 enable
the police to remove Gypsies and Travellers from unauthorised
sites with greater speed. However, this power can only be used
if the police have established, through consultation with local
authorities, that a suitable pitch is available on an authorised
site. The consultation exercise ended on this as referred to above
ended on 21 May 2004, and we are in the process of reviewing comments
from stakeholders before issuing final guidance.
Unauthorised developments
5.7 Planning policies concerning the provision of suitable
locations for Gypsy and Traveller sites whether local authority
provided or private are set out in DOE Circular 1/94 "Gypsy
Sites and Planning"—which we are revising as part
of the Review, with the consultation draft due in September 2004.
Circular 1/94 seeks to place Gypsies and Travellers on the same
footing as others in relation to the planning system whilst recognising
their special accommodation needs, and the desire of many Gypsies
and Travellers to buy their own sites to develop and manage. Gypsy
and Traveller sites constitute development and therefore require
planning permission.
5.8 In formulating their development plans, local authorities
are encouraged to discuss accommodation needs with the Gypsies
and Travellers themselves, with a view to identifying suitable
locations for Gypsy and Traveller sites in plans wherever possible.
Circular 1/94 says: "Where this is not possible, they should
set out clear, realistic criteria for suitable locations, as a
basis for site provision policies." Almost every local planning
authority has chosen the criteria approach. In practice, Local
Planning Authorities turn down the majority of Gypsy and Traveller
applications on the grounds that they fail the criteria set out
in the plan. Annex 4 shows data on successful appeals by Gypsies
and Travellers against refusal of planning permission. Annex 5
shows a comparison between Gypsies and Travellers and all other
groups of planning appeals decisions relating to Green Belt land
5.9 Development plans must take local circumstances into
account. Gypsy and Traveller sites are not among uses of land
which are normally appropriate in Green belt land, areas of special
scientific interest and places of open land where development
is severely restricted. The onus rests on the applicant to prove
very special circumstances which overcome the harm by reason of
inappropriateness.
5.10 Gypsies and Travellers often establish sites without
first obtaining the necessary planning consent. And in many cases,
the locations they choose are inappropriate in land use terms—for
example where land is Green Belt or open countryside, where land
is most affordable. Enforcement action by local authorities against
such unauthorised development is therefore common.
5.11 Local authorities have a key role to play in identifying
suitable locations for sites and working with Gypsies and Travellers
to assist them to find land that they can purchase and develop.
5.12 The Government believes that 1/94 is not working
effectively in many areas to identify enough appropriate sites,
which is why it is now being revised.
Temporary Stop Notices
5.13 The temporary stop notice has now been introduced
in Section 52 of the Planning and Compulsory Purchase Act 2004.
It was established to speed up the process of enforcement and
enables local planning authorities to issue the notice immediately
they detect a breach of planning control. The temporary stop
notice differs from stop notices currently provided for in the
Town and Country Planning Act 1990 because local planning authorities
will be able to serve a temporary stop notice to stop development
for up to 28 days without first having had to issue an enforcement
notice.
5.14 Local authorities will be able to stop breaches
of planning control before the effects become too great and will
then have a period of time to consider whether further enforcement
action is appropriate, such as issuing an enforcement notice.
5.15 The introduction of this new power includes a provision
to make regulations to exclude activities from the effect of a
temporary stop notice where circumstances show that its use would
be inappropriate, for example in respect of caravans used as dwellings.
We will be consulting on regulations before the power comes into
force.
6. CHARACTERISTICS OF
SITES
Definition
6.1 A caravan site is a premises that has a current planning
consent for the stationing of caravans that can be occupied by
people.
Caravan Sites for Gypsies and Travellers
6.2 These are:
(a) any sites which have either been established by local
authorities specifically for "gipsies" (as defined
now in the Caravan Sites and Control of Development Act 1960),
under section 24 of that Act, usually under the former duty in
the Caravan Sites Act 1968, or were established before the 1968
Act.
(b) private sites established by "gipsies" themselves,
and restricted to occupation either by "gipsies" generally,
or by specific named "gipsies".
6.3 A few of each type of the above sites, since they
were first established, have moved from being privately-owned
to being publicly-owned, or vice versa.
TYPES OF
PUBLIC SITE
Permanent Residential
6.4 This is by far the largest percentage of public sites.
These are sites designed for permanent occupation by the same
individuals or families.
Permanent Transit
6.5 These are sites designed for stays, generally, of
between one month to three months, although there are exceptions
to the maximum permitted stay, and such sites may be used for
stays of shorter periods.
Stopping-Place Sites
6.6 There are very few such sites, but 100% grant-aid
is available both for these sites and permanent transit sites,
and the grant-aid guidance says that these sites are designed
for stays of up to a month.
Mixed sites
6.7 There are a very few sites which provide residential
pitches and transit pitches either on the same site, or adjacent.
Licensing of public sites
6.8 Ever since the Caravan Sites and Control of Development
Act 1960 came into force, any caravan site established by a local
authority which enforces site license conditions, and issues site
licenses to private caravan site providers, does not require a
site license for the site.
6.9 Since 1980, caravan sites established for "gypsies"
by County Councils do not require such a site license for the
site.
6.10 Privately established sites, whether established
by individuals or companies, do require site licenses, and conditions
may be attached to those licenses.
Facilities on public sites for Gypsies
6.11 Many of the facilities established on current sites
result from the conditions for the 100% grant-aid which all local
authorities could apply for from 1979 to November 1994, and which
affected some new sites and refurbishments until early 1999. The
Gypsy Sites Design Guide, produced in 1979, was used as the reference
point for the award of that grant, which was also subject to
maximum per pitch cost ceilings. The Gypsy Site Refurbishment
Grant which has been operating since 2002, being a challenge fund,
does not have the same maximum pitch costs, but value for money
needs to be clearly demonstrated.
TYPICAL FACILITIES
PROVISION
Permanent Residential Site
6.12 Each plot will have:
(a)
An amenity block, with separate services and facilities for each
pitch, typically wc, shower or bath, water heater, sink, space
for items like washing-machine, fridge. Each pitch will have an
electric cable link suitable to supply a caravan or mobile home
safely with electricity, electricity to the block, running hot
and cold water and drainage for the amenity block and hard-standing
(typically concrete base) for the one or two (occasionally more)
caravans or mobile homes permitted on the pitch. Some sites have
the facility for plumbed-in facilities (water, drainage and electricity)
for mobile homes or caravans.
The site will usually have:
(b)
An internal road, which will probably not be public highway. The
whole site will have fencing or other boundary treatment round
its perimeter. The plots will themselves be divided by fencing,
but the extent of this varies considerably, dependent probably
on whether there are family relationships between occupants and
needs for privacy.
(c)
In some cases, a separate warden or manager's building—in
a very few cases that will be a bungalow or house. A few sites
have community buildings, sometimes established by site residents,
which may contain facilities for pre-school or after-school activities,
and may include such things as IT facilities.
(d)
In a very few cases, work areas. Communal work areas have hardly
ever worked, but individual storage areas exist on the individual
plots of a few sites. On many sites, residents have added their
own storage, including sheds, sometimes extra caravans or other
forms of storage.
Generally
(e)
As the Niner report reflects, fire safety facilities on quite
a percentage of public sites are poor, but an initiative is in
hand, working with Fire Safety officials in ODPM, to spread best
practice and improve that situation.
(f)
Each licensee is liable for a weekly rent for the occupation and
use of the pitch and the overall site facilities. In addition,
there will be a standard or metered payment for water use. Electricity
supply is normally made available through card- or key-meters,
and so is prepaid. For most public sites, the site operating (usually
local authority) operator is the customer of the electricity supply
company, and the licensees purchase electricity from the site
operator. In some cases, the licensees are direct customers of
the electricity supplier.
(g)
Each licensee is liable for council tax payments. Licensees are
able to claim housing benefit and exemption from council tax,
in whole or part, if they are eligible and depending on the circumstances
of those living with them on the pitch.
(h)
Refuse collection will generally be to each pitch, but in some
cases will be collected from outside the site, or from a communal
facility within the site. As the roads within sites are rarely
public roads, they are unlikely to be part of a road-cleaning
contract placed by the local authority for public roads in their
area.
Permanent Transit Sites
(l)
The facilities are designed for short-stays, so are likely to
be more basic.
(j)
The facilities range from just basic hard standings and water
supply to amenity blocks with similar types of facilities to permanent
residential sites. But there is likely to be much less space for
storage of household items, and electricity supply and other services
to individual plots are less frequent.
(k)
The Gypsy Sites Refurbishment Grant guidance says that local authorities
seeking grant for new transit sites need to justify proposals
where any mains service (water, electricity or drainage) is not
being provided.
Stopping-place sites
(l)
These are very unlikely to have any electricity supply, and very
unlikely to have individual plot layouts. In the very few cases
where they exist, they are likely to be designed simply to accommodate
groups of Travellers or Gypsies passing through the area.
(m)
In the London area, and perhaps elsewhere, there are one or two
examples of arrangements where (in London) the Metropolitan Police
have undertaken not to use their powers to direct people to leave
for temporary, but renewable, periods of time. Those locations
do not have the benefit of planning consent, so they are not "sites"
in the proper sense, but they have refuse collection, conditions
on the occupants that there is no fly-tipping, boundary fencing
and portable toilets and water supply, provided by joint funding
between the local authority, landowner and occupants of the caravans
on them.
7. EXISTING FUNDING
ARRANGEMENTS
General funding
7.1 Under the Caravan Sites and Control of Development
Act 1960 local authorities have the power to provide new Gypsy
and Traveller sites. Since the 1994 withdrawal of the 100% government
grant for site provision (as a result of the repeal of the 1968
Act), local authorities have had to meet the cost of this from
their own resources.
7.2 Funding for the on-going maintenance and management
of existing sites must be raised from site pitch rent, or otherwise
found from within local authorities' own resources.
Gypsy Sites Refurbishment Grant
7.3 The Gypsy Sites Refurbishment Grant (GSRG) was announced
in 2001 as a £17 million 3-year challenge fund aimed at refurbishing
and extending the network of local authority sites, by bringing
unused or under used sites back into full use, by modernising
or providing new facilities, and creating new transit and stopping
place sites. A further £16 million over two years (2003-04
and 2004-05) was announced in 2003.
7.4 For refurbishment work, the Grant funds 75% of approved
costs. Local authorities are required to meet the remaining costs
from their own resources. For transit and stopping place sites,
the Grant meets 100% of approved costs.
7.5 To date GSRG has helped to fund 204 projects refurbishing
existing sites or building new transit or stopping place sites.
Some sites have received more than one round of funding. Annex
6 shows the GSRG analysis of bids. Annex 7 shows the GSRG bid
breakdown.
THE FUTURE
OF FUNDING
7.6 ODPM's Gypsy and Traveller Policy Review is considering
how adequately the current funding systems function, and whether
changes are needed.
7.7 For example, we will be looking at how effectively
GSRG is targeted, and whether the time is right to consider other
uses for this funding.
7.8 Yvette Cooper has also announced the possibility
of extending the permissible purposes of Registered Social Landlords
(RSLs) to include the provision, as well as the management, of
Gypsy and Traveller sites. This would allow RSLs to receive funds
from the Housing Corporation for this purpose.
Annex 1
RACE RELATIONS ACTS—DEFINITIONS
1. RACE RELATIONS
ACT—DEFINITION
OF GYPSY
AND IRISH
TRAVELLER
1.1 Under the Race Relations Act (1976), racial discrimination
is unlawful in employment; education, training and related matters;
the provision of good facilities, services and premises; and the
disposal and management of premises. The Act gives individuals
a right of direct access to the civil courts and employment tribunals
for legal remedies for unlawful discrimination.
1.2 The Act was amended so that race discrimination is
now outlawed in all public functions (only with very limited exceptions).
The new provisions came into effect on 2 April 2001, and they
mark a major step forward in the protection available to individuals—regardless
of their race or colour—from race discrimination. For example
the 2000 Act now makes chief police officers vicariously liable
for acts of racial discrimination by police officers under their
direction and control.
Annex 2
GRAPH SHOWING NUMBERS OF CARAVANS ON PUBLIC AND PRIVATE
SITE SINCE 1979
Annex 3
GRAPH SHOWING NUMBERS OF CARAVANS ON UNAUTHORISED DEVELOPMENTS
AND ENCAMPEMENTS SINCE 1996
Annex 4
DATA ON SUCCESSFUL APPEALS BY GYPSIES AND TRAVELLERS AGAINST
REFUSAL OF PLANNING PERMISSION.
Gypsy site planning appeals allowed
| Jan to
March |
April to
June | July to
September
| October to
December | Total for
Year
|
1997 | 8 | 6
| 8 | 6 | 28 |
| 1998 | 6 | 7 |
6 | 4 | 23 |
| 1999 | 4 | 7 |
8 | 10 | 29 |
| 2000 | 5 | 6 |
8 | 10 | 29 |
| 2001 | 15 | 4 |
5 | 10 | 34 |
| 2002 | 5 | 7 |
13 | 6 | 31 |
| 2003 | 11 | 21
| 11 | 7 | 50 |
| 2004 | 12 | |
| | |
Gypsy site planning appeals % allowed
| | | |
| |
| Jan to
March | April to
June
| July to
September | October to
December
| Total for
Year |
1997 | 53.33% |
42.86% | 47.06% | 40.00%
| 45.90% |
| 1998 | 30.00% | 41.18%
| 37.50% | 20.00% | 31.51%
|
| 1999 | 50.00% | 46.67%
| 57.14% | 50.00% | 50.88%
|
| 2000 | 41.67% | 37.50%
| 66.67% | 62.50% | 51.79%
|
| 2001 | 62.50% | 36.36%
| 31.25% | 62.50% | 50.75%
|
| 2002 | 29.41% | 15.56%
| 54.17% | 54.55% | 31.96%
|
| 2003 | 52.38% | 31.34%
| 36.67% | 38.89% | 36.76%
|
| 2004 | REF! |
| | | |
| |
| | | |
Annex 5
Annex 6
GYPSY SITES REFURBISHMENT GRANT ANALYSIS OF BIDS
| Round 1 bids
| Round 2 bids | Round 3 bids
| Round 4 bids |
| Total number of bids received | 75
| 86 | 88 | 66
|
| Value of bids received | £11.8m
| £17.2m | £17.8m |
£13.3m |
| Number of bids recommended | 38
| 58 | 63 | 45
|
| Percentage of successful bids | 51%
| 67% | 71% | 68%
|
| Value of bids recommended | £3.8m
| £8.1m | £9.6m |
£6.7m |
| Average value for successful bids | £100k
| £140k | £152k |
£149k |
| Total value of GSRG recommended | £2.84m
| £6.08m | £7.2m |
£4.8m* |
| |
| | |
* the 2004-05 round amounts to £8 million in total, but has
been split into two phases. The second phase (£3 million)
will be announced later in 2004.
Annex 7
GSRG Round 1—2001-02
| GSRG Round 2—2002-03 |
GSRG Round 3—2003-04 | GSRG Round 3—2003-04
|
Budget £3 million | Budget £6 million
| Budget £8 million | Budget £8 million
|
| |
| |
| Name of Authority | ODPM
funding
| Name of Authority | ODPM
funding
| Name of
Authority | ODPM
funding
| Name of Authority | ODPM
funding
|
| | |
| | |
| |
Bexley | 218,984 |
Blackburn w
Darwen | 581,625
| Barking & Dagenham | 338,625
| Bradford | 104,276 |
Bolton | 103,309 | Bracknell Forest
| 24,116 | Bedfordshire | 30,360
| Darlington | 312,211 |
Cambridgeshire | 65,175
| Cambridgeshire | 52,030 |
Cambridgeshire | 180,464 | Durham
| 78,134 |
Croydon | 23,100 | Devon
| 157,819 | Croydon | 53,405
| Essex | 94,707 |
Dorset | 119,775 | Dorset
| 47,850 | Darlington | 729,510
| Fenland | 98,794 |
Dudley | 79,571 | Dudley
| 42,629 | Dorset | 66,000
| Gloucestershire | 78,491 |
Essex | 13,200 | Essex
| 52,586 | Dudley | 93,750
| Halton | 434,729 |
Gravesham | 142,605 |
Hackney | 305,910 | Durham
| 99,750 | Hampshire | 61,875
|
Halton | 96,000 | Hampshire
| 42,750 | Essex | 69,647
| Herfortshire | 278,106 |
Hampshire | 37,125 |
Hertfordshire | 267,925 | Fenland
| 74,741 | Horsham | 57,721
|
Hertfordshire | 176,592
| Ipswich | 54,863 | Gloucestershire
| 164,914 | Kent | 150,000
|
Hillingdon | 25,369 |
Kensington & Chelsea | 516,665
| Guildford | 22,425 | Kettering
| 96,000 |
Lancashire | 39,600 |
Kent | 430,772 | Hampshire
| 68,259 | Lancaster | 135,000
|
Leicester | 28,050 |
Kettering | 82,688 | Hertfordshire
| 396,634 | Leeds | 31,523
|
Lincolnshire | 90,024 |
Leicestershire | 294.463 | Hillingdon
| 38,363 | Lincolnshire | 244,869
|
Milton Keynes | 32,170 |
Lincolnshire | 310,057 | Hounslow
| 147,675 | Milton Keynes |
27,148 |
Norfolk | 240,199 | Milton Keynes
| 64,252 | Lancashire | 58,988
| Northumberland | 155,041 |
North Yorkshire | 198,000
| North Yorkshire | 11,106 |
Lincolnshire | 333,998 | Oxfordshire
| 28,787 |
Northampton | 200,358 |
Northumberland | 179,476 | Liverpool
| 619,805 | Redbridge | 386,250
|
Northumberland | 68,984
| Oxfordshire | 189,915 | Luton
| 515,395 | Rochdale | 89,038
|
Oxfordshire | 169,165 |
Plymouth | 151,748 | Milton Keynes
| 90,623 | Sevenoaks | 41,250
|
Sheffield | 37,403 |
Redbridge | 300,006 | Norfolk
| 298,464 | Shropshire | 202,379
|
Shropshire | 12,844 |
Redcar &
Cleveland | 57,750
| Northamptonshire | 300,000 |
Southwark | 485,760 |
Slough | 63,506 | Sefton
| 225,000 | Northumberland |
27,451 | Surrey | 150,807
|
Southampton | 33,677 |
Shropshire | 74,250 | Nottinghamshire
| 52,140 | Wakefield | 44,831
|
Southwark | 131,175 |
South Somerset | 252,525 | Oxfordshire
| 61,215 | Wiltshire | 314,462
|
Telford &
Wrekin | 40,425
| Southampton | 388,605 | Rochdale
| 61,790 | Windsor & Maidenhead
| 104,833 |
Thurrock | 14,108 | Stoke on Trent
| 18,000 | Shropshire | 79,401
| Worcestershire | 464,312 |
Tower Hamlets | 148,725
| Surrey | 76,684 | South Somerset
| 261,195 | |
|
Worcestershire | 194,750
| Telford & Wrekin | 34,654
| Surrey | 142,892 |
| |
| | Thurrock
| 44,130 | Telford & Wrekin
| 50,037 | | |
| | Wakefield
| 37,500 | West Sussex | 421,498
| | |
| | Wandsworth
| 150,150 | Wiltshire | 222,348
| | |
| | West Sussex
| 281,036 | Worcestershire |
1,016,206 | | |
| | Wiltshire
| 118,925 | |
| | |
| | Windsor & Maidenhead
| 61,631 | | |
| |
| | York
| 102,375 | |
| | |
Total | 2,843,977
| Total | 6,084,466
| Total | 6,084,466
| Total | 7,188,034
|
| |
| | | |
| |
1
Local Authority Gypsy/Traveller Sites in England July 2003-ODPM Back
|
