7. CONSULTATION ON THE TRAVELLER SITES ALLOCATIONS DOCUMENT

Transcription

1 7. CONSULTATION ON THE TRAVELLER SITES ALLOCATIONS DOCUMENT REPORT OF: HEAD OF ECONOMIC PROMOTION AND PLANNING Contact Officer: Nathan Spilsted, Senior Planning Officer Tel: Wards Affected: All Key Decision: No Report to: Council 23rd July 2014 Purpose of Report 1. To seek Council s approval for public consultation on the Council s draft Traveller Sites Allocations Document for the development of permanent Gypsy and Traveller sites in order to meet the need identified in the Mid Sussex Gypsy and Traveller Accommodation Needs Assessment. 2. The report acknowledges the work undertaken over the last two years, guided by the Traveller Policy Member Working Group to assess the need for pitches and the supply of suitable sites. Summary 3. The report sets out that the Council must meet the requirements of the Government s Planning Policy for Traveller Sites. This introduced a need for local planning authorities to demonstrate a five year supply of Traveller sites in much the same way as they are already required to show a five year supply of bricks and mortar housing. The report notes that a lack of a supply of such sites would be a significant material consideration when considering any future planning applications for Gypsy and Traveller sites and the Council would be at high risk of losing control over the future location of sites. Due to an historical and continuing need for sites, the Council has already had to grant (temporary) planning permission for several Gypsy and Traveller sites with further sites allowed on planning appeal. The report notes the advantages of progressing with the Traveller Sites Allocations Document to proactively address the requirements of the Government s Planning Policy for Traveller Sites. 4. The report outlines that work on establishing the need for Gypsy and Traveller sites through the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment has been updated. The updated Assessment identifies a requirement for Mid Sussex, outside of the South Downs National Park, for an additional 34 permanent Gypsy and Traveller pitches between now and 2031, with no identified need for Travelling Showpeople plots. 5. The report outlines that work on identifying potential Gypsy and Traveller accommodation sites through the Traveller Sites Study assessed 162 sites for their suitability, availability and deliverability for development. 6. This report highlights the difficulty in identifying feasible development options for such use, particularly against the backdrop of competing high value uses such as residential housing development and notes that options for development are extremely limited. As a result, difficult decisions are required to be made to meet the identified need to adopt a proactive approach to provision. 9 Council - 23rd July 2014

2 7. The report recommends two locations, based on the findings of the Traveller Sites Study, for inclusion in the draft Traveller Sites Allocations Document for public consultation - Land to the north and northwest of Burgess Hill (two sites of 12 pitches each as part of the Northern Arc mixed use strategic allocation); and Land at Imberhorne Lane Nurseries, Imberhorne Lane, East Grinstead (one site of 12 pitches). These locations could deliver a total of up to 36 pitches and would adequately meet the identified need. 8. The report notes that the final decision on the sites that will be selected for allocation when the document is submitted to the Secretary of State, will be made by elected Councillors, based on evidence that will include representations made and further evidence collected during public consultation. This process will also include the assessment of any reasonable alternative sites submitted during public consultation and any further potential sites identified since the publication of the Traveller Sites Study. 9. The report underlines the importance of meeting the Duty to Co-operate and working with neighbouring authorities on any cross boundary issues that may arise in the formation of the Allocations Document. The report outlines the work that has been progressed to ensure that the requirements of the Duty are met and will require utilising the Duty to Co-operate framework endorsed by the Scrutiny Committee for Planning and Economic Development 4 June The report notes that work on updating the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment and ensuring compliance with the Duty to Co-operate has delayed the process of bringing the draft Traveller Sites Allocations Document to Council for approval for public consultation. A revised timetable is provided. Recommendations Council is recommended to: a) Approve for public consultation, the draft Traveller Sites Allocations Development Plan Document for the development of permanent Gypsy and Traveller sites. This is on the basis that this will include the assessment of any alternative sites submitted during public consultation; a continued search for other suitable sites by the Council; and engagement with the Gypsy and Traveller community on the suitability of the proposed sites; and b) Approve the draft Community Involvement Plan which details how the public, including the Gypsy and Traveller community, will be engaged in the formation of the Traveller Sites Allocations Development Plan Document. Background 11. Roma Gypsies and Irish Travellers are covered by the protected characteristic of race for the Equality Act Local authorities have a duty under the Equality Act to actively seek to eliminate unlawful discrimination, advance equality of opportunity and promote good race relations. 10 Council - 23rd July 2014

3 12. Mid Sussex District Council is committed to developing sustainable communities which are safe, healthy and inclusive and provide the amount and type of housing that meets the needs of all sectors of the community. This commitment is reflected in its Sustainable Communities Strategy and in the emerging District Plan. 13. The Government s aim for fair and equal treatment of Gypsies and Travellers and Travelling Showpeople is reflected in national planning policy, Planning Policy for Traveller Sites (2012). This should be read in conjunction with the National Planning Policy Framework and National Planning Policy Guidance and must be taken into account as a material consideration by local planning authorities when preparing their development plans and making planning decisions for Traveller sites. 14. For the purposes of the planning system 1, Gypsies and Travellers means: Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family s or dependants educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such. Travelling showpeople means: Members of a group organised for the purposes of holding fairs, circuses or shows (whether or not travelling together as such). This includes such persons who on the grounds of their own or their family s or dependants more localised pattern of trading, educational or health needs or old age have ceased to travel temporarily or permanently, but excludes Gypsies and Travellers as defined above. 15. Planning Policy for Traveller Sites requires local authorities to assess the need for Gypsy and Traveller and Travelling Showpeople sites within their area, and develop planning policies to ensure that the need is met, including identifying land for sites. Councils must be able to demonstrate a five year supply of Gypsy and Traveller sites in the same way they are required to show a five year supply of bricks and mortar housing. The lack of such a supply would be a significant material consideration when considering any future planning applications for Gypsy and Traveller sites and the Council would be at high risk of losing control over the future location of sites. Further detail on the National Policy is available in the report made to the Scrutiny Committee for Planning and Economic Development 18 July Because of a historical and continuing need for Gypsy and Traveller accommodation, the Council has found itself in the position of granting (temporary) planning permission for several Gypsy and Traveller sites. Further sites have been allowed on planning appeal. The identification of need and allocation of specific sites within the Traveller Sites Allocation Document, alongside a criteria-based policy approach set out in the emerging District Plan, will provide a degree of choice and certainty that is not currently possible for the Council and the Gypsy and Traveller and settled communities. An adequate supply of suitable sites will also help to foster a better quality of life for the Gypsy and Traveller community, promote better relations with the settled community and reduce unauthorised encampments that cause distress to both communities and are costly to the Council in terms of enforcement action, clean-up costs and preventative measures. 1 Annex 1 - Planning policy for traveller sites, CLG, Council - 23rd July 2014

4 17. A report on this matter went to the Scrutiny Committee for Planning and Economic Development on the 9th July. After a lengthy and thorough debate, the Scrutiny Committee resolved to: Note the work undertaken to date on the Traveller Sites Development Plan Document in conjunction with the Traveller Policy Member working Group and that Group s preferred options included in the report; Support the draft Community Involvement Plan which details how the public will be engaged in the formation of the Traveller Sites Allocations Development Plan Document; Endorse the work programme and timetable of the proposed Traveller Sites Development Plan Document; Agree that the Council engages with the Traveller community to gauge their views on the suitability of the proposed sites; and Agree that the Council continues to search for other suitable Traveller sites. Key Issues and related Work Programme 18. A Traveller Policy Member Working Group has been established to help manage work on the document. This group has met on a number of occasions over the last two years and has supported the work to date. Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment 19. The Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment was commissioned jointly with the South Downs National Park Authority and prepared by consultants ORS and Peter Brett Associates. The results of the Assessment are split between the area of Mid Sussex within and outside of the South Downs National Park. 20. As reported to the Scrutiny Committee for Planning and Economic Development 14th January 2014, the 2013 Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment (2013 GTAA) identified a need for 41 Gypsy and Traveller pitches and for a single Travelling Showperson plot for the period up to An updated Assessment has since been provided (2014 GTAA) to ensure that the interpretation of the West Sussex County Council Gypsy and Traveller waiting list was robust; to review household formation rates; and following contact made with the Travelling Showperson identified as in need in the 2013 GTAA - to clarify whether in fact there is a need for a Travelling Showperson plot in Mid Sussex. The 2014 GTAA Update identifies a slightly lower need for 34 Gypsy and Traveller pitches up to 2031, with no identified requirement for Travelling Showpeople. The Assessment is available to view at Mid Sussex Traveller Sites Study 21. In order to identify potential sites to meet the need identified in the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment, the Council undertook a Traveller Sites Study. 12 Council - 23rd July 2014

5 22. In order to be robust, it was important that the Study assessed all reasonable options for development as permanent Gypsy and Traveller accommodation. The Study assessed 162 sites for their development potential and likely timescale. In the main, these were known sites, already within the Council s Housing Supply Document. The process included a call for sites and a request to all the district s Town and Parish Councils to submit sites within their areas that might be suitable. 23. Each site has been assessed using a two stage approach in accordance with a methodology agreed by the Traveller Policy Member Working Group and reported to the Scrutiny Committee for Planning and Economic Development 14 January The methodology is based on national policy and current best practice guidance on designing Gypsy and Traveller sites. 24. Stage 1 assessment removed those sites subject to clear availability, policy or physical constraints. Stage 2 assessed the remaining sites in more detail. The optimum recommended size of a Gypsy and Traveller site is pitches and the capacity of larger areas of land was assessed accordingly. 25. Following assessment 6 potential sites met the criteria and were shortlisted for consideration at Stage 2. The vast majority of sites were ruled out at Stage 1 on the grounds of availability whilst suitable road access and initial viability assessments were the other main factors. This serves to highlight the difficulty in identifying feasible development options for such use, particularly against the backdrop of competing high value uses such as residential housing development. As a result, difficult decisions have to be taken in order to meet the identified need and to adopt a proactive approach to provision. 26. Given the high occupancy rates of existing permanent Gypsy and Traveller sites and that there is a waiting list for such accommodation within Mid Sussex, the Study recommends safeguarding sites from future development unless adequate alternative provision is made. 27. Following assessment the Traveller Policy Member Working Group identified two shortlisted locations as suitable for allocation as Gypsy and Traveller accommodation and recommend their inclusion in the Traveller Sites Allocations Document for public consultation. The locations are Land to the north and northwest of Burgess Hill (two sites of 12 pitches each as part of the Northern Arc mixed use strategic allocation); and Land at Imberhorne Lane Nurseries, Imberhorne Lane, East Grinstead (one site of 12 pitches). These two locations could deliver a total of up to 36 pitches and adequately meet the total identified need as set out in the 2014 GTAA Update as well as facilitating a five-year supply of pitches. The remaining four sites on the shortlist were ruled out on the basis that they are not considered suitable for allocation. The Traveller Sites Study is available to view at The report notes that the final decision on the sites that will be selected for allocation when the document is submitted to the Secretary of State, will be made by elected Councillors, based on evidence that will include representations made and further evidence collected during public consultation. This process will also include the assessment of any reasonable alternative sites submitted during public consultation and any other potential sites identified since the publication of the Traveller Sites Study. Land to the north and northwest of Burgess Hill (as part of the Northern Arc mixed use strategic allocation): This option performs well in the Sustainability Appraisal. 13 Council - 23rd July 2014

6 This location (consisting of two individual sites each of 12 pitches), will form part of the mixed-use strategic allocation being sought through the emerging District Plan. The siting of any Gypsy and Traveller allocation is to be determined through masterplanning currently being undertaken for the strategic development. Given the total site area is very large, at some 220 hectares, there is sufficient flexibility to locate the sites in suitable locations in close proximity to existing or planned services, facilities and public transport routes, with provision of good road access and accounting for appropriate ground conditions, neighbouring land uses and the landscape. It is considered that at least one of the sites can be delivered within five years within an early phase of the strategic development. Land at Imberhorne Lane Nurseries, Imberhorne Lane, East Grinstead: The land is owned by Mid Sussex District Council and let and occupied by a nursery business. If the site is allocated, in order for the site to be made available, the Council will need to serve a notice to quit to the current tenants. The notice can only be served at the time of an approved planning application which is required in order to develop the site, and would need to give a time period of 12 months notice. The site performs reasonably well in the Sustainability Appraisal. The site is allocated for industrial/ commercial use in the Mid Sussex Local Plan (2004) although this policy is not proposed to be saved upon adoption of the District Plan. The site is physically suitable for such use. It is relatively flat, well enclosed from the wider landscape and has good road access. The site is of a sufficient size to accommodate up to 12 pitches and facilitate a design that meets current best practice. There is adequate space for a good provision of measures to strengthen the site boundaries; to mitigate against any visual impact on neighbouring properties and on the landscape; and to visually, acoustically and physically separate the site from the adjacent waste transfer station. It is considered that issues of concern to the health and safety of future occupiers of the site from the adjacent waste transfer station should not rule it out of consideration at this early stage of the process. This is a modern facility for residents to take their waste and recycling to that also provides a relatively small waste transfer facility that services three refuse vehicles. Waste coming into the site is transferred into articulated lorries and this is taken away to landfill or for further treatment at alternative locations. Given the level of testing and the results of monitoring for land contamination that has been undertaken on adjacent land; and that there is no objective evidence available that demonstrates that the potential site is contaminated, it is considered unlikely that there are issues of contamination sufficient enough to warrant ruling the site out of consideration at this early stage in the process. Further work on this issue can be undertaken later in the process. The site is outside of the ideal distances to local services to be considered fully accessible on foot although public transport is available relatively nearby. The site is also fairly disconnected from the built up area of East Grinstead. Work is underway to explore the facilitation of an extension and upgrade to 14 Council - 23rd July 2014

7 the existing footpath network that would better connect the site and the surrounding area with the town and significantly reduce the distance to local services and public transport. The proposed route would also negate the need for pedestrian use of the access road by future occupiers of the site. Given the site s location within the 7km zone of influence around Ashdown Forest, an appropriate assessment under the Habitats Regulations will need to be undertaken and appropriate mitigation provided. The site is considered deliverable within five years as it would not require extensive works to develop. 29. It is also proposed to safeguard all existing authorised Gypsy and Traveller sites for Gypsy and Traveller use unless an alternative, replacement site has been identified and developed to provide facilities of an equivalent or improved standard (including its location) whilst there remains a need for such sites. Duty to Co-operate 30. The Duty to Co-operate is set out in Section 110 of the Localism Act (2011). The Duty requires Councils and public bodies to: Engage constructively, actively and on an ongoing basis in developing strategic policy Have regard to the activities of the other bodies; and Consider joint approaches to plan making. 31. The Duty applies to all local planning authorities, national park authorities and county councils (and other public bodies) in England and Wales and relates to sustainable development or use of land that has, or would have, a significant impact on at least two planning areas. The allocation of permanent Gypsy and Traveller and Travelling Showpeople sites is an example of such planning policy as it could impact on a number of nearby local authorities. 32. Officers are mindful of the Duty to Co-operate and the conclusions reached by the Planning Inspector on this matter in reporting on the District plan in December As reported to the Scrutiny Committee for Planning and Economic Development 4th June 2014, the Inspector concluded that the Duty to Co-operate had not been met and that the Council had not established a robust framework within which cooperation with local authorities and public bodies could be monitored in terms of frequency of engagement, issues to be addressed, anticipated outcomes and bodies to be involved. As a result the Scrutiny Committee for Planning and Economic Development agreed a Duty to Cooperate Framework in June to guide this work, both on the District Plan and the Travellers Sites Allocations Document. 33. Officers consider that joint working and on-going constructive engagement can be demonstrated with nearby authorities and the prescribed bodies on the Traveller Sites Allocations Document. This has included work on forming and reporting on the findings of the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment and on any potential cross boundary issues resulting from its findings and from other authorities own accommodation needs assessments. More recently this work has utilised the Duty to Co-operate Framework, as reported to and endorsed by the Scrutiny Committee for Planning and Economic Development 4th June 2014, to provide a structured, transparent record of engagement within a robust formal framework that can be managed and monitored with the relevant local authorities. 15 Council - 23rd July 2014

8 34. As a result of this work, to date, two local authorities have indicated to Mid Sussex that they may require help from other local authorities in meeting their identified needs. Mid Sussex have since written to all the nearby authorities with the offer of further meetings to discuss potential cross boundary issues. 35. The Council will continue to fully co-operate with the relevant bodies to assist in any way it can. However, it is becoming increasingly apparent that it is unlikely that Mid Sussex will be able accommodate any formal requests for help to meet other authorities identified need, given the relatively high need for Gypsy and Traveller accommodation in Mid Sussex, against the backdrop of a very limited supply of deliverable or developable sites. Should the draft Document be agreed by for public consultation, it would appear that Mid Sussex does not at present need to make any such formal request to nearby authorities. Transit site 36. Members will be aware of cross-boundary work that the Council has engaged in and the financial commitment that it is has agreed to in order to provide a countywide Gypsy and Traveller transit site in Chichester District to help meet the need for this type of accommodation and tackle unauthorised encampments in West Sussex. The allocation of a countywide transit site is a separate area of work to the Traveller Sites Development Plan Document. The site in question was granted planning permission April Work Programme 37. Work on updating the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment (GTAA) and on the Duty to Co-operate has delayed the process of recommending the Preferred Sites Options sites to Members for public consultation. However, this has provided an opportunity to strengthen the GTAA which is now more robust in its methodology and conclusions. In addition the Council is in a better position to understand the needs of neighbouring councils. 38. The revised timetable is: Consultation: Preferred Sites Options Consultation Draft August 2014 Consultation: Proposed Submission Document December 2014 Submit to Government March 2015 Examination May 2015 Adoption June Officers will continue working with the Traveller Policy Member Working Group and will report the results of public consultation to this group in order to develop the options for the Council s Proposed Submission Document. The results of public consultation will be reported back to the Scrutiny Committee. Conclusion 40. There are clear advantages of taking a proactive approach to addressing the needs of Gypsies and Travellers and to meet the Duty to Co-operate as set out in this report. Members will continue to lead on this piece of work in particular the Traveller Policy Member Working Group and the Scrutiny Committee for Planning and Economic Development. The Cabinet Member for Planning has scheduled meetings with all of the local authorities involved in the Duty to Cooperate. It is anticipated that these discussion will result in Memoranda of Understanding signed off by the respective Cabinet Member 16 Council - 23rd July 2014

9 Policy Context 41. The proposed approach to the Traveller Sites Development Plan Document has been developed to reflect the Government s National Planning Policy Framework and the Planning Policy for Traveller Sites. The requirements of these documents are set out in this report and reflected in the work programme and timetable. 42. The approach is also underpinned by the strategic objectives and policies of the emerging District Plan and reflects the district s Sustainable Communities Strategy. The Mid Sussex Sustainable Communities Strategy has a vision of: A thriving and attractive District, a desirable place to live, work and visit. Our aim is to maintain, and where possible, improve the social, economic and environmental well being of our District and the quality of life for all, now and in the future. Other Options Considered 43. The alternatives are to: Identify and allocate sites through the District Plan process. This would add significant time onto the District Plan timetable. Rely solely on criteria based approach as set out in the current Mid Sussex Local Plan and the emerging District Plan and assess planning applications for sites against this as they come forward. This would not give any certainty to the Traveller and settled communities, is unlikely to provide a five year supply of such sites, and will not address long-term needs, and may lead to more unauthorised encampments. Financial Implications 44. There are no financial implications of this report. Risk Management Implications 45. Failure to demonstrate clear progress being made on a Traveller Sites Development Plan Document could undermine the robustness of the District Plan at examination. Equality and customer service implications 46. An Equalities Impact Assessment has been undertaken. This has been used to inform the Community Involvement Plan for public engagement on this document. Gypsies and Travellers suffer some of the worst life expectancy, health and educational outcomes of any group in our community. The provision of permanent sites would help address these issues by providing a suitable and settled base from which they could access appropriate services. Appendices Traveller Sites Allocations DPD Preferred Options Report Community Involvement Plan Background Papers Traveller Sites Allocations DPD Preferred Options Sustainability Appraisal 17 Council - 23rd July 2014

10 Traveller Sites Allocations DPD Habitats Regulations Assessment Screening Report Submission District Plan (July 2013) National Planning Policy Framework Planning policy for traveller sites (DCLG) 18 Council - 23rd July 2014