HEAD OF ECONOMIC PROMOTION AND PLANNING Nathan Spilsted, Senior Planning Officer Tel:

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1 7. TRAVELLER SITES ALLOCATIONS DOCUMENT REPORT OF: Contact Officer: Wards Affected: Key Decision: Report to: HEAD OF ECONOMIC PROMOTION AND PLANNING Nathan Spilsted, Senior Planning Officer Tel: All No Scrutiny Committee for Planning and Economic Development 20 th January 2015 Purpose of Report 1. To update progress on the Traveller Sites Allocations Document, including the work undertaken with the Traveller Policy Members Working Group, to meet the identified need for permanent Gypsy and Traveller sites in Mid Sussex. 2. The report notes the significant response to the public consultation on the Traveller Sites Development Plan Document held August September 2014 following Council approval on 23 July 2014 to consult on the document. 3. The report notes that as a result of the response to the public consultation, and further work required to assess the feasibility of future development options, this has introduced delay to the programme of adopting the Traveller Sites Allocations Document. Recommendation That the Scrutiny Committee: a) Notes the work undertaken to date on the Traveller Sites Development Plan Document in conjunction with the Traveller Policy Member Working Group; and b) Endorses the work programme and timetable of the proposed Traveller Sites Development Plan Document. Background 4. Roma Gypsies and Irish Travellers are covered by the protected characteristic of race by 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. 5. Mid Sussex District Council is committed to developing sustainable communities that are safe, healthy and inclusive and provide the amount and type of housing that meets the needs of all sectors of the community, a commitment reflected in the Mid Sussex Sustainable Communities Strategy and the emerging Mid Sussex District Plan. 6. The Government s aim for fair and equal treatment of Gypsies and Travellers and Travelling Showpeople is reflected in its Planning Policy for Traveller Sites (2012). Read in conjunction with the National Planning Policy Framework and National Planning Practice Guidance, this must be taken into account as a material consideration by the Council in preparing development plans and making planning decisions concerning Traveller sites.

2 7. Planning Policy for Traveller Sites requires local authorities to assess the need for Gypsy and Traveller and Travelling Showpeople accommodation 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 that they are required to show a five year supply of bricks and mortar housing. A 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 national policy is available in the report made to this Committee on the 18 July Despite being a difficult matter, there are numerous advantages of progressing proactively with the Traveller Sites Allocations Document to address such requirements. 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 by 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 for making decisions on new or existing sites, will give the Council more control over decision making and 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 Gypsies and Travellers, 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. Key Issues and related Work Programme 9. A Traveller Policy Member Working Group has been established to help manage this work. The Group has met on a number of occasions and has supported the work to date. 10. As reported to this Committee on 9 July 2014, the Mid Sussex Gypsy and Traveller and Travelling Showpeople Accommodation Assessment (GTAA) (2014 Update) identifies a need for 34 Gypsy and Traveller pitches up to There is no identified requirement for Travelling Showpeople. The Assessment is available to view at The Council undertook a Traveller Sites Study to assess all reasonable options for the development of permanent Gypsy and Traveller sites. The Study assessed 162 sites for their potential and likely timescale for development (available to view at Further details of the process and the methodology employed are available in previous reports made to this Committee on 9 July 2014 and 14 January Following assessment the Traveller Policy Member Working Group identified two shortlisted locations as suitable for allocation as Gypsy and Traveller accommodation and recommended their inclusion in the Traveller Sites Allocations Document for public consultation. These 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). Together, the 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 and facilitate a five-year supply of pitches.

3 13. At Council on the 23 July 2014, it was resolved to undertake public consultation on the Traveller Sites Allocations Development Plan Document Consultation Draft on the basis that the exercise included 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. As well as consulting on the two shortlisted locations, the Consultation Draft contained a draft policy seeking to safeguard existing Gypsy and Traveller sites. Public consultation 14. Public consultation was held 8 August 2014 to 19 September The details of how the public consultation was undertaken are set out in the Community Involvement Plan available to view at Specifically the exercise included: A face to face meeting with Gypsy and Travellers and their representative groups; A direct mailshot to planning agents and land agents; A further mailshot to landowners of known sites to confirm the current position in relation to availability; A consultation mailshot to the Mid Sussex community including Town and Parish Councils and local community groups. A further search for potentially suitable sites by officers. 15. The response to the public consultation was significant. A total of 4,033 responses were received from 3,683 individual respondents. A petition containing around 2,500 signatures was also received. Although this too was a significant response, a large number of these signatories also made representations to the Document through other channels; and were received from individuals living outside of the Mid Sussex district. Whilst there was a degree of support for the provision of a policy to safeguard existing Gypsy and Traveller sites, almost of the responses received related to the proposed allocation at Imberhorne Lane Nurseries, East Grinstead. 16. Approximately 90% of the responses received were from East Grinstead and its surrounding area and almost all these were in opposition to the potential allocation of Land at Imberhorne Lane Nurseries. Almost 96% of all responses received were made via response forms issued by local pressure groups. Less than 0.5% of responses were from Burgess Hill and its surrounding area. About 8% of the responses were made from outside the Mid Sussex district. 17. A number of issues were raised by respondents concerning the shortlisted locations. With regard to Imberhorne Lane Nurseries the main points raised related to the possible presence of contaminated land; inadequate mains drainage, health and safety concerns for future occupants regarding the access road and related vehicle movements, the operation of the Waste Transfer Station and the Bluebell Railway; the presence of noise and smell from the Waste Transfer Station, the detached location of the site including a lack of availability of public transport. Other issues raised concerned the potential loss of the existing nursery business and the impact of the proposal on the amenity of existing local residents.

4 18. The issues raised in the public consultation were mostly already known to the Council and work continues to assess in detail, the feasibility of developing the site at Imberhorne Lane Nurseries, including any required mitigation. This work has included instructing consultants to undertake a thorough assessment of ground conditions for contamination; meetings with West Sussex County Council in their role as the Highways and Waste Planning Authority; and meeting with the Waste Transfer Site operators Viridor to discuss the potential for the Traveller site to harm the operation of the Waste Transfer Station and conversely, the potential impact of this facility on future residents. Further studies are also scheduled to firm up preliminary data on possible issues of noise pollution and odour. 19. With regard to the location of the two sites of 12 pitches at Land to the north and northwest of Burgess Hill as part of the Northern Arc strategic allocation the overall response from the general public was low and both support and objections were received. Objections were received from the developers of the strategic allocation on the grounds of the land not being available for such use, the negative impact on the viability of the overall scheme that the presence of Gypsy and Traveller sites could have and concerning the density of such sites in the locality. 20. Officers continue to work with the developers responsible for bringing forward the Northern Arc strategic allocation in order to facilitate the development of permanent Gypsy and Traveller accommodation. This is an important issue for the Council as the principle of the provision of such sites at this location is a policy requirement within the emerging District Plan and has been a known requirement to the developers of this strategic site since early in the process. 21. Other representations raised issues with regard to the site selection process mainly relating to the distribution, size and type (public as opposed to private) of sites proposed. Officers continue to work to ensure that these issues are addressed to inform the next stage of the document. 22. The public consultation exercise also invited the submission of alternative sites to those selected by the Council for public consultation. Despite such a significant response to the exercise, only a relatively small number of sites were submitted for assessment with only one submitted directly by a landowner. The Council are in the process of assessing these sites which are located district-wide, for their potential for permanent Gypsy and Traveller accommodation which has included contacting the owners of sites submitted by third-parties. In addition, the Council has written again to a number of landowners of known sites in order to firmly ascertain their position on the availability of their land. 23. The continuing difficulty in finding available sites highlights the challenges in identifying feasible development options, particularly against the backdrop of competing high value alternative uses, such as residential housing development. During the consultation it was suggested that the Council should consider the option of issuing Compulsory Purchase Orders on unavailable sites that are otherwise considered suitable. 24. In addition to looking at new sites, the Council is reassessing the potential for the district s existing authorised and managed Gypsy and Traveller sites to accommodate additional pitches. The opportunity for a districtwide review of sites has been accorded by the recent takeover in management of a number of sites in Mid Sussex from West Sussex County Council by site management company Home Space Sustainable Accommodation (HSSA).

5 25. The final decision on which sites will be selected by the Council for allocation when the document is submitted to the Secretary of State will be made by Councillors, based on evidence including representations made during public consultation and will include any reasonable alternative sites submitted during public consultation or through work undertaken by the District Council. 26. The significant level of work required to process the responses to the public consultation; undertake further work on the feasibility of the development of the shortlisted sites; and assess alternative sites including a fresh review of existing authorised sites has delayed the progress of the Traveller Sites Allocations Document. As a result there will be a delay to the programme details of the revised timetable are set out in paragraph 29. However, the Council remains confident that it will be in position to submit the Document to the Secretary of State by November Duty to Co-operate 27. Members are aware of the requirements of the Duty to Co-operate, as 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. 28. The Council continues to fully co-operate with the relevant bodies to assist in any way it can on the matter of Gypsies and Travellers. Despite this, it is apparent that Mid Sussex is unlikely to be in a position to be able to 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. There are no current requests from any other local authorities to assist in meeting their requirements for Gypsy and Traveller accommodation. Work Programme 29. The revised timetable is: Consultation: Proposed Submission Document June/ July 2015 Submit to Government October/ November 2015 Examination December 2015 / January 2016 Adoption January/ February Officers will continue to work with the Members Working Group and will report back the results of the feasibility work on the development of the shortlisted sites, alternative sites or existing sites in order to develop the options for the Council s Proposed Submission Document. The details of the issues raised by the public consultation will be made available once officers have completed their work on the responses.

6 Conclusion 31. 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 and previous reports to this Committee. Members will continue to lead on this piece of work in particular through the work of the Traveller Policy Member Working Group and the Scrutiny Committee for Planning and Economic Development. Officers remain confident that the timetable will be met. Policy Context 32. 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. 33. The approach is 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 34. 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 35. There are no financial implications of this report. Risk Management Implications 36. There are no strategic risks associated with this report, although clear progress being made on a Traveller Sites Development Plan Document will help to support the matter of Gypsies and Travellers at the District Plan examination. Equality and customer service implications 37. An Equalities Impact Assessment has been undertaken that was used to inform the Community Involvement Plan for public engagement on this document. Background Papers Traveller Sites Allocations DPD Consultation Draft

7 Traveller Sites Allocations DPD Preferred Options Sustainability Appraisal Traveller Sites Allocations DPD Habitats Regulations Assessment Screening Report Community Involvement Plan Available at: Consultation Draft District Plan (November 2014) Available at: National Planning Policy Framework National Planning Practice Guidance Available at: Planning policy for traveller sites (DCLG) Available at: