Draft guidance for designing Gypsy and Traveller sites - Chapter 1: introduction

This chapter outlines the origins of the need to design Gypsy and Traveller Sites as emerging through the Anti-racist Wales Action Plan. It also highlights the purpose of this practical guide to inform local authorities on how to design, develop and improve sites. This is the updated version of guidance, following on from the original guide published in 2015. 

The Welsh Government’s Anti-racist Wales Action Plan sets out its vision for making Wales an anti-racist nation. The actions within the plan include support for Gypsy, Roma and Traveller communities in Welsh society and the steps we will be taking to achieve anti-racism for these communities. We recognise the cultural differences which have often led to the social exclusion of these groups, and we want to ensure these communities’ voices are heard in service delivery. This guidance was therefore informed by engagement with Gypsy, Roma and Traveller community members.

Often for policy purposes and to ensure the distinctness of these 3 communities are reflected, the term Gypsy, Roma and Traveller is used. However, for the purposes of this guidance the term Gypsies and Travellers, as defined in the Housing (Wales) Act 2014, will be used to encompass communities with a nomadic habit of life. 

The Anti-racist Wales Action recognises that safe, culturally appropriate accommodation is necessary for individuals to flourish in other parts of their lives and aims to address the lack of site provision and poor quality of Gypsy and Traveller accommodation in Wales. This goal will be addressed through the continued availability of Sites Capital Grant funding for the development of existing and new sites. Legislation such as the Housing (Wales) Act 2014 and the Mobile Homes (Wales) Act 2013 has also supported this goal. 

There is a current trend towards Gypsies and Travellers becoming more ‘settled’ on permanent sites or moving into conventional housing. Travelling has become more difficult due to changing patterns in work and the lack of legal stopping places or transit provision, and the impact of the Police, Crime, Sentencing and Courts Act 2022 (Police Act 2022).

The Census 2021 suggested there are only 3,630 Gypsies and Irish Travellers living in Wales. Across England and Wales only 21.6% of all community members were recorded as living in caravans or other mobile or temporary structures, with 78.4% residing in various types of conventional (‘bricks and mortar’) housing. At the time of publication, 16 of the 22 local authorities in Wales have Gypsy and Traveller sites, providing approximately 465 pitches.

This guidance is intended to support local authorities to design and provide appropriate sites for Gypsies and Travellers in Wales. It should be read alongside the model standards 2008 for caravan sites in Wales, which local authorities must have regard to. It contains practical guidance to assist local authorities to ensure all their sites, including temporary/negotiated stopping places and transit sites are fit-for-purpose. 

This guidance should be also read in conjunction with the Managing Gypsy and Traveller Sites in Wales guidance which sets out the respective responsibilities of the local authority and residents under the terms of mobile home agreements as stipulated under the Mobile Homes (Wales) Act 2013. The Welsh Government recommends these guidance documents are read before designing new sites.

Under section 10 of the Mobile Homes (Wales) Act 2013, the Welsh ministers may specify model standards for the layout of, and the provision of facilities, services and equipment for, sites which are regulated under that Act. Section 56 of that Act requires local authorities, when providing mobile homes sites, to have regard to any standards specified by the Welsh ministers under section 10. 

This guidance is not statutory. However, following this guidance when designing new sites or re-furbishing existing sites will help local authorities and others in the design, development and improvement of Gypsy and Traveller sites in their area. The extent to which local authorities have had regard to this guidance will also form part of the consideration of the Welsh Government when assessing applications for Sites Capital Grant funding in relation to Gypsy and Traveller sites. Any bids made for new sites/pitches that do not meet the expected standards relating to environmental sustainability e.g. building on landfill or other unsuitable or unsustainable land, are likely to  be rejected. Local authorities are reminded that a new site should be sustainable and available for use as a Gypsy and Traveller site in the long-term (at least 21 years).

Local authorities having regard to this guidance and the ‘Managing Gypsy and Traveller Sites in Wales’ guidance will help to ensure that Gypsy and Traveller sites in Wales:

• are built on suitable and safe land
• are sustainable, well managed and maintenance is planned and not always reactive
• are designed with involvement from Gypsy and Traveller communities
• have equivalent standards, where relevant, to those for other types of mobile home sites and social housing
• are designed so as to help encourage and develop good relations between Gypsies and Travellers and the settled community, and between site residents and the site manager / local authority.

This guidance replaces the 2015 ‘Designing Gypsy and Traveller Sites’ guidance, which was developed through engagement with professionals across Wales, including local authority housing, planning, environmental health and education personnel.

In developing this guidance, the Welsh Government has aimed to align standards with those the settled community can expect to experience. In most cases the direct comparison is made to other types of mobile home sites but in some instances it is more appropriate to draw comparisons with social housing provision.

Local authority Gypsy and Traveller sites are now within the definition of ‘protected sites’ for the purposes of the Mobile Homes (Wales) Act 2013, providing equal security of tenure for residents living on Gypsy and Traveller sites and clarifying roles and responsibilities for pitches and other amenities on these sites.

This guidance focuses solely on local authority owned or leased Gypsy and Traveller sites. Section 62 of the Mobile Homes (Wales) Act 2013 and section 108 of the Housing (Wales) Act 2014.

Define ‘Gypsies and Travellers’ as follows:

1. Persons of a nomadic habit of life, whatever their race or origin, including:
   1. Persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently, and
   2. Members of an organized group of travelling show people or circus people (whether or not travelling together as such); and
2. All other persons with a cultural tradition of nomadism or of living in a mobile home.

The intention of the above definition is to ensure ethnic Romani Gypsies and Irish Travellers are included, as well as those from any other ethnic group who follow a nomadic habit of life. The definition also includes Travelling Showpeople. New Travellers should also be captured by the definition if they demonstrate a cultural tradition of nomadism or of living in mobile homes. Members of these communities do not necessarily need to demonstrate a continued nomadic habit of life to be considered Gypsies or Travellers.

Gypsies and Travellers are amongst the most socially excluded groups, with health and education outcomes significantly worse than that of the settled population. Some evidence suggests where Gypsies and Travellers are able to settle on well managed and maintained sites, they are better able to access health and education services, which can lead to a better quality of life.

As recognised by Estyn, children benefit through better attendance and attainment within the education system, which enables education professionals to build stable and trusting relationships with families.

Better health will result from, for example, uptake of preventative healthcare, including vaccinations of children as health visitors are able to access families which they could not access previously.

Gypsies and Travellers living on permanent sites are also more likely to access local facilities, which helps ensure their children can live and play in safe environments.

This guidance seeks to ensure that many more Gypsies and Travellers will be able to access culturally-appropriate accommodation. This pays due regard to Human Rights case law and supports our National Equality Objectives 2024 to 2028 by reflecting the needs of those with protected characteristics in meeting housing needs.