Powys Local Development Plan. Position Statement - Gypsy and Traveller Accommodation. Incorporating an action statement and implications for the LDP

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1 Powys Local Development Plan Position Statement - Gypsy and Traveller Accommodation Incorporating an action statement and implications for the LDP September 2016 Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

2 Contents Page Summary Introduction Evidence of Need for Gypsy and Traveller Accommodation in Powys and the Actions taken by the County Council Gypsy and Traveller Need in Machynlleth Gypsy and Traveller Need in Brecon Gypsy and Traveller Need in Welshpool Conclusion 11 Appendix 1 (separate attachment) Appeal Decision, Cwmanod, Llanddew, Brecon, 30/6/16 Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

3 Summary The draft Gypsy and Traveller Accommodation Assessment 2016 undertaken by the Council has identified housing needs in Machynlleth, Brecon and Welshpool. This paper explains the evidence of need, the action being taken by the Council to address this need and the implications for the LDP particularly in relation to the LDP s policy H13, the allocation of a permanent site in Machynlleth and the commitment to provide additional pitches in Welshpool. Brecon is situated in the planning authority area of the Brecon Beacons National Park and not within the Powys LDP area. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

4 1.0 Introduction 1.1 This paper sets out: The need identified for gypsy and traveller accommodation in Powys as a result of recent assessments of need including the findings of the Gypsy and Traveller Accommodation Assessment The actions the Council has taken previously and is currently taking corporately to meet the identified need. The implications for the Powys LDP in terms of policy and land allocations. 2.0 Evidence of Need for Gypsy and Traveller Accommodation in Powys and the Actions taken by the County Council 2.1 The future accommodation needs of gypsies and travellers within Powys has been assessed on three occasions since 2008: i. Gypsy & Traveller Accommodation Needs Assessment (2008) (EB02). ii. Gypsy & Traveller Accommodation Needs Assessment (Update, 2014) (EB03). iii. Gypsy and Traveller Accommodation Assessment (GTAA) 2016 (ED013) this was submitted to Welsh Government for approval in February 2016, and in response to queries by Welsh Government was revised in June Approval by Welsh Government is anticipated by the end of September It 2.2 The assessments have identified need in three places: Machynlleth, Welshpool and Brecon. It should be noted that Brecon is situated within the Brecon Beacons National Park and lies outside the Powys LDP area, although nearby. 2.3 The need identified by the successive assessments is set out for each of the three places in tabular form in the following sections. Each table identifies the type of need (Permanent or transit), when the need is due to arise, how many pitches the need relates to, and a summary of the action or response the Council has taken corporately to address the identified need. 2.4 The implications for the LDP are set out beneath each table. 2.5 Welsh Government guidance on Undertaking Gypsy and Traveller Accommodation Assessments (May 2015) states in Chapter 3 Assessing Accommodation needs: 142. From the results of the Gypsy and Traveller accommodation assessment (GTAA) it should be possible to identify the number of Gypsy and Traveller households which require additional pitches immediately, within 5 years, and over the Development Plan period. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

5 2.5 The guidance also states in Chapter 5: 231. Once the Gypsy and Traveller accommodation assessment has been approved by Welsh Ministers, Local Authorities will be subject to a legal duty to exercise their functions to provide mobile home pitches to meet the identified needs. Section 56 of the Mobile Homes (Wales) Act 2013 provides the power for Local Authorities to do this. However, Local Authorities should recognise there are a range of tools at their disposal to support them to achieve this aim. 2.6 The Council has been advised that Welsh Government expects Local Authorities to address the need identified in the GTAA from the time that the GTAA was submitted. This means that immediate need will need to be addressed by Feb 2021 and the longer term need met by 2026, which will coincide with the end of the LDP plan period. The tables below explain the need identified by the GTAA up to Gypsy and Traveller Need in Machynlleth Table 1: Study date 2008 GTANA (EB02) 2014 GTANA (EB03) Machynlleth Type of need (Perma nent / Transit) When needed (period) Number of Pitches None - None No need identified Transit See note Summary of Council s Response / Action 2 Study concluded, The Council will investigate feasibility options for providing a transient site to meet the need identified of 2 households. In seeking to identify a suitable site, the Council will liaise with the adjoining authorities of Ceredigion and Gwynedd. (Please note para 24.2 below following consultation). Para 24.2 says Following the consultation response from the Housing Management and Options Officer interview the Council will investigate further while it undertakes a new GTAA in accordance with the provisions of the Housing (Wales) Act 2014 whether a permanent or transient site is required in Machynlleth. April 2015 LDP topic paper Gypsy and traveller Needs in Machynlleth (EB28) Perman ent See 2016 GTAA To be determined by GTAA but considering land used 3 pitches. Having spoken to the families and their representatives, the Unity Project, the Council recognised that there would be a need for a permanent site, but the actual number of pitches was to be determined by the GTAA For the purposes of identifying land for inclusion in the LDP, a 3 pitch site was sought. An identification and assessment process of potential sites in Machynlleth was undertaken, and a site allocation (P42 HA4) was proposed in the Deposit Draft LDP, June The Council Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

6 does not own any suitable land and land will need to be acquired GTAA (Draft, awaiting WG approval) (ED013) Perman ent Feb The draft GTAA acknowledged that LDP Policy H13 included the allocation of land for a permanent site. Need identified from interviews on tolerated unauthorised site for 3 pitches and 2 pitches identified need from Bricks and Mortar interviews. The Council has accepted that some of the families in Machynlleth are homeless and provision of accommodation will be prioritised by the Council. In response, the Council appointed a Gypsy and Traveller Project Officer Housing in January The Council has allocated 200k to assist in identifying land for a new site in the 2016/17 financial year. A further 2.28m has been made available to assist with meeting needs arising from the GTAA for subsequent years. The Council has established a multi departmental Gypsy and Traveller Project Board to consider and develop proposals for Machynlleth and address the needs identified in the GTAA. Inaugural meeting held on 31 st March 2016 and the Board meets monthly. The Council has advertised and actively pursued land options in the Machynlleth area with a view to securing planning permission for the identified need. It has commissioned relevant surveys on pieces of land to identify suitability in preparation for submitting a planning application. The Council anticipates applying for Welsh Government grant to develop a new site in The Council plans to provide a new site by March Note: No further need for the longer term period 2021 to 2026 was identified by the GTAA. 3.1 Implications for the LDP - Machynlleth 3.2 The Council, through its Gypsy and Traveller Project Board, is actively pursuing the development of a permanent site for 5 gypsy and traveller households in Machynlleth based on the findings of the Draft GTAA This need must be met by No further need has been identified for the period 2021 to Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

7 3.3 Site options are being investigated including detailed site survey work on several sites prior to a planning application(s) being submitted on a preferred site(s), and in advance of any land acquisition if required. The site proposed as an allocation in the deposit draft LDP, June 2015 at Newtown Road, Machynlleth (P42 HA4) is one of the sites under detailed investigation. This work is in progress and has yet to complete. At this stage it is considered that the following Further Focussed Changes should be made to the LDP: 1. Policy H13 Gypsy and Traveller Sites and Caravans, and paragraphs It is proposed that the policy is amended to make reference to P42 HA4, as requested by the Planning Inspector (letter to the Council dated 6 th May 2016). It is further proposed that an additional paragraph be added to explain the findings of the draft GTAA 2016 as submitted to WG, and explain how the LDP is addressing the identified need. 2. Appendix 1 Settlement Allocations, P42 HA4. It is proposed that the number of units be amended to 5 to reflect the findings of the draft GTAA 2016, as submitted to WG. 3. Inset Map P42 allocation P42 HA4. No amendment feasible at this stage given on-going action. 3.4 Given the on-going action being taken by the Council, the position will have moved on by the time of the hearing sessions on the LDP in 2017, and the Council will provide further clarification and evidence to the Examination at that point. It is considered that any changes that are necessary to the LDP in relation to the provision of a permanent gypsy and traveller site in Machynlleth are addressed at that point via Matters Arising Changes. 4.0 Gypsy and Traveller Need in Brecon Table 2: Brecon Study date 2008 GTANA (EB02) Type of need (Permanent / Transit) 14 stopping places 5 transit When needed (period) Number of Pitches 14 stopping places 5 transit Summary of Council s Response / Action Provision was for one extended family who were accommodated temporarily at Cefn Cantref temporary site (near Brecon in BBNP). Needs rationalised during period and in accordance with emerging Welsh Government guidance relating to Gypsy and Travellers. Council applied for 2 other planning applications for alternative sites which were refused consent. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

8 New site of 10 pitches delivered in 2014 at King s Meadow, Brecon (in BBNP) GTANA (EB03) 0 0 The assessment concluded No future need has been identified in Brecon, however, the 4 additional un-serviced pitches provided on King s Meadow will be used to accommodate future growth as it arises. There is also one family in Brecon who are currently tenants of the Kings Meadow site, but who want to develop their own site and who are being advised about the planning process GTAA (Draft, awaiting WG approval) (ED013) Permanent Sept The GTAA survey identified a need for 3 additional pitches due to family growth. The Council in April 2016 submitted a grant application to Welsh Government to provide permanent facilities to all 4 of the un-serviced pitches. Welsh Government awarded a grant of 303k in July The Council is tendering the works with a view to completing the plots by March One of the households has obtained planning permission via a planning appeal at Cwmanod, Llanddew (in the Powys LDP area) for a private site. This household has 5 years to comply with the conditions of the planning permission. When they move off site it will create a vacancy on the site. Given the action undertaken by the Council since the survey and the draft GTAA was submitted in Feb 2016, the revised GTAA, June 2016 no longer identifies an outstanding need in relation to Brecon. 4.1 Implications for the LDP - Brecon 4.2 The housing need identified by the draft GTAA submitted in February is being met through the development of the remaining four un-serviced plots at King s Meadow, Brecon which is located in the area of the Brecon Beacons National Park and outside the Powys LDP area. Given the award of grant funding by Welsh Government in July 2016, the four serviced plots are expected to be completed by the end of March As such, the meeting of this need and the delivery of the site has no implications for the Powys LDP. 4.3 In addition to the need identified in the GTAA 2016, planning permission was granted at appeal on the 30/6/16 for a gypsy traveller site for a single family on land to the west of Cwmanod Cottage, Llanddew which is situated in the Powys LDP area. A copy of the appeal decision (reference APP/T6850/A/15/ ) is attached as appendix 1. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

9 4.4 It is considered that the following Further Focussed Changes should be made to the LDP: 1. Policy H13 Gypsy and Traveller Sites and Caravans, and paragraphs It is proposed that an additional paragraph be added to explain the findings of the draft GTAA 2016 as submitted to WG, and to explain how the identified need is being met in Brecon, albeit outside the Powys LDP area. 2. Appendix 1 Settlement Allocations. No allocation necessary. 3. Proposals and Inset Maps No amendments are necessary. The site at King s Meadow is located outside the Powys LDP area. The site at Cwmanod, Llanddew is located in open countryside and has the benefit of planning permission and it is therefore not considered necessary to identify this site on the LDP proposals map, as is the case for all dwelling commitments below 5 units. 5.0 Gypsy and Traveller Need in Welshpool Table 3: Study date 2008 GTANA (EB02) Welshpool Type of need (Permanent / Transit) When needed (period) Number of Pitches Summary of Council s Response / Action N/A N/A 0 None identified, site refurbished in March Study said p29, Withybeds is fully occupied, but there is no evidence of need in the north of the area beyond the families currently resident. The site was comprised of 12 pitches, and transit pitches which were rarely used GTANA (EB03) Permanent First 5 years The refurbished site provided 10 pitches which were dedicated to Irish Travellers. The Romany households who had previously occupied part of the site were re-housed to Council housing. 2 The 2 households identified from family growth moved off site and entered into relationships with occupants of sites in England. The provision was therefore no longer required GTAA (Draft, awaiting Permanent Feb Para 6.38 of the GTAA, June 2016 states, This leaves a residual need for the Council to Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

10 WG approval) (ED013) address through new household formation on the public site in Welshpool, which when viewed in isolation shows a need to provide two additional pitches when the supply through dissolution of pitches is taken into consideration. Investigations are being undertaken by the Council to determine whether it is possible to meet the need on the existing site at Leighton Arches, Welshpool. Alternative sites are also being investigated should it prove not possible to accommodate the identified need on the existing site. 5.1 Implications for the LDP - Welshpool 5.2 The Council, through its Gypsy and Traveller Project Board, is actively investigating the provision of 2 permanent pitches in the Welshpool area based on the findings of the Draft GTAA This need must be met by Site options are being investigated including detailed site survey work on several sites prior to a planning application(s) being submitted on a preferred site(s), and in advance of any land acquisition if required. This work is in progress and has yet to complete. At this stage it is considered that the following Further Focussed Changes should be made to the LDP: 1. Policy H13 Gypsy and Traveller Sites and Caravans, and paragraphs It is proposed that the policy is amended to make reference to the need to provide two additional permanent pitches in Welshpool by A specific site cannot be named or identified at this juncture given the on-going site selection and development process. It is further proposed that an additional paragraph be added to explain the findings of the draft GTAA 2016 as submitted to WG, and explain how the LDP is addressing the identified need and the Council s commitment to meeting the need. 2. Appendix 1 Settlement Allocations No allocation feasible at this stage as the process of selecting a suitable site is being conducted. 3. Proposals and Insets Maps No allocation feasible at this stage as the process of selecting a suitable site is being conducted. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

11 5.4 Given the on-going action being taken by the Council, the position may have moved on by the time of the hearing sessions on the LDP in 2017, and the Council will provide further clarification and evidence to the Examination at that point if appropriate. Should any changes to the LDP be necessary or possible at that point, it is recommended that these are addressed via Matters Arising Changes. 6.0 Conclusion 6.1 At the time of writing this position statement (Aug 2016), the GTAA 2016 is awaiting approval by Welsh Government. The Council is however taking action on the basis of the draft findings to address the identified need. For the Powys LDP, this on-going work has implications for Machynlleth and Welshpool where the Council is taking steps to make additional provision as soon as practicably feasible. By the time of the Examination hearing sessions it will be possible to provide further information and for further amendments to the LDP to be addressed via Matters Arising Changes if necessary. Powys LDP, Position Statement Gypsy and Traveller Accommodation, September

12 Appendix 1 - Appeal Decision, Cwmanod, Llanddew, Brecon, 30/6/16 Separate attachment Powys LDP, Position Statement Gypsy and Traveller Accommodation, September