Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Written Evidence


Memorandum by Cottenham Parish Council (GTS 34)

1.  SUMMARY

  1.1  Travellers have been resident in the parish of Cottenham for generations, latterly on land they themselves own. Until the last few years, the relationship between the permanent and travelling community was more or less peaceful. However in recent years the one site in the parish has expanded dramatically, both officially and unofficially, and at Easter last year a sudden influx of travellers from southern Ireland increased the number of caravans on the site to over 140. The Parish, and the local Planning Authority (South Cambridgeshire District Council), have been attempting to bring the situation under control, and in so doing we have recognised what we believe to be serious shortcomings in the legislation relating to the establishment and control of traveller sites. This forms the basis of our evidence.

  1.2  Our evidence relates only to traveller-owned caravan sites, as this is the only type within our experience. We are convinced that many of the problems experienced with these sites can be alleviated or virtually eliminated by restricting the scale of these developments. This is particularly true in respect of education and other service provision. We contend that some of the special considerations in planning law for the benefit of travellers are being abused in the interest of profit and that their application should be amended. We also contend that due to the changing ways by which travellers support themselves economically, planning authorities must consider some traveller sites as industrial rather than residential in nature and take this into account when processing planning applications.

2.  DEMAND FOR AND USE OF SITES

  2.1  It is clear that a demand exists for traveller sites. What is less clear is how much of this is generated by a genuine need for accommodation, and how much by deliberate economic migration, or by the profit motive. The need for traveller sites can be met either by the provision of Local Authority sites or by the establishment of sites owned by travellers themselves. In this Local Authority area, at least one official site has been closed due to damage to facilities, and another is regularly "trashed". Under these circumstances, the idea of travellers owning their own sites has to be viewed positively, as it should provide an incentive for sites to be respected and properly maintained. Our evidence relates only to traveller-owned caravan sites, as this is the only type within our experience.

  2.2  The settled community is inclined to object to the development of traveller sites, and planning permission, if granted, is therefore often forthcoming only after a protracted and costly appeals process. Under these circumstances any pitch already with planning permission can acquire an inflated value and provide an opportunity for significant profit to the owner or other parties. This invites speculative unauthorised development and leads to financial or other pressure being brought to bear on owners of existing approved pitches to vacate them—having done so they may then have recourse to unauthorised sites elsewhere. It may also lead to planning applications being made in the interest solely of profit. The travelling lifestyle implies that a traveller may, over time, reside in a number of different locations. Under these circumstances a traveller can use his status to obtain planning permission in several different locations, with the sole objective of selling the pitches at inflated prices to other travellers without accommodation who for some reason would not qualify for planning permission themselves. It appears that Planning Authorities do not check an applicant's situation with respect to applications or permissions outside their area. This is not an appropriate use of the special considerations given to travellers in planning law. Planning Authorities and Inspectors have sometimes attempted to address this problem by making planning permission personal to the applicant(s). This rarely works, as few local authorities have the resources to monitor the occupancy of sites over time, and land transactions within the travelling community are often not registered and are therefore almost impossible to track. When planning permission is made personal to the applicant, registration of the land should be compulsory.

  2.3  Travellers are recommended to contact the local planning authority before purchasing land for development. At present this is not happening, so that unauthorised sites are established, leading to costly and protracted planning enforcement action. Often this can take years to reach a conclusion. We propose that the failure to consult before establishing a site should be a material consideration in the refusal of planning permission.

  2.4  A factor that actually encourages the permanence of unauthorised sites is the readiness with which utility companies are prepared to connect services, irrespective of whether planning permission has been granted. This should be subject to controls. There seems to us, incidentally no reason why such controls should be restricted to travellers!

  2.5  Just as it is not always easy for travellers to obtain planning permission, it is not always easy for them to purchase land. Unfortunately it is a matter of record that land in the vicinity of the large traveller site in this village has been subjected to fly-tipping and/or damage to or theft of property in proportion to the occupancy of the site. Fly tipping is not only unsightly and a potential health hazard, but can and has resulted in damage to agricultural machinery. Land immediately adjacent to rural traveller sites then becomes less attractive to farmers and landowners may find that selling it to travellers is the only way of realising their asset. This is especially the case when, as has happened in South Cambridgeshire, travellers are prepared to offer well over agricultural prices. Thus existing sites tend to form the nucleus of larger scale traveller settlements. Another factor is encroachment, which can be very difficult for landowners to control, when faced with large numbers of travellers. Once a site has achieved a degree of permanence, it acts as a magnet for travellers, who may be emboldened to camp on adjoining land, whether or not it is in the ownership of travellers, and particularly if they have the moral support of those already present.

  2.6  In the recent past, traveller-owned land adjacent to a local site with 43 approved pitches was occupied by 77 additional caravans on unauthorised pitches. Notwithstanding that these pitches were unauthorised, their occupants demanded immediate access to local services. By definition, the itinerant life style of travellers and gypsies implies a mobile population. If sites become too large, this mobility leads to wild fluctuations in the load on such local services as education and healthcare. It is felt that while the travelling lifestyle makes this inevitable, its impact would be much less serious if the size of sites were regulated.

  2.7  Limiting the size of sites would also lessen the impact of some of the other problems mentioned above. Certainly planning permission for sites should only be granted if the local infrastructure is able to accommodate any additional load, and if not, Section 106 or similar agreements should be imposed so that additional local resources can be provided. In the case of Cottenham, this parish already contains, on one site, 20% of all the approved traveller pitches in all of South Cambridgeshire, and if all the planning appeals and new planning applications current at the time of writing are allowed, would contain well in excess of 30%. Tension that already exists between permanent and travelling communities is certain to be exacerbated if growth continues. A number of traveller leaders have said that sites should ideally not contain more than 20 caravans. A consequence of restricting the size of sites would be that more, smaller sites would required. The location and size of traveller sites and relation to local permanent communities must become an integral part of local and national planning policy.

3.  SITE CHARACTERISTICS AND THE FACILITIES PROVIDED

  3.1  Traditionally, in rural areas, travellers supported themselves by seasonal agricultural work. More recently, as the availability of manual farm work has declined this has been replaced by activities such as garden and tree work, and small-scale construction-related work such as tarmac laying. Vehicle recycling, once popular, is now restricted by site licensing. Most recently, furniture dealing has become a popular activity on the local site. This has changed the whole complexion of the site, with deliveries being made by large articulated vehicles, over totally unsuitable rural access roads. From being a residential site, it now has many of the characteristics of an industrial one. Furthermore there has been a sharp increase in the appearance of fly-tipped furniture items in the vicinity. Basically, the site is not suitable for the business activities being carried out there. Restrictions as to use should apply to residential traveller sites just as they do to permanent residential property. Alternatively these sites should be assessed as industrial sites and regulated accordingly. Indeed, from the point of view of the travellers themselves, a more urban/industrial location for this type of activity would probably be more suitable.





 
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