Draft guidance for designing Gypsy and Traveller sites - Chapter 2: site provision
Consultation draft of guidance for local authorities about designing and improving Gypsy and Traveller sites.
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Introduction
This chapter outlines the need for adequate site provision for the Gypsy and Traveller community and outlines the way in which this responsibility lies with local authorities. It also draws on the availability of Sites Capital Grants funding provided by Welsh Government to local authorities for the development of new sites and refurbishment of existing sites. Further support is provided through the provision of Welsh Government planning and housing related guidance and from external stakeholder groups.
Demand for pitches on local authority sites exceeds the number of pitches available. There is a current need for at least 277 permanent residential pitches across Wales, with additional temporary/negotiated stopping places and transit site needs.
This figure has been identified through analysis of local authority Cycle 2 Gypsy Traveller Accommodation Assessments (GTAAs). Cycle 2 GTAAs covered the period (25 February 2016 to 24 February 2022). Cycle 3 GTAAs (covering the period 25 February 2022 to 24 February 2027) are due to be submitted by February 2027.
The duty to provide sites
The Welsh Government is committed to ensuring equality of opportunity for all and firmly believes everyone in Welsh society should have the opportunity of a good quality home, regardless of whether this is within mobile home accommodation or bricks and mortar housing.
The Housing (Wales) Act 2014 places a statutory duty on local authorities to ensure that the accommodation needs of Gypsies and Travellers are properly assessed. Local authorities are required to exercise their powers under section 56 of the Mobile Homes (Wales) Act, as far as necessary, to provide Gypsy and Traveller sites for the unmet need. More information about understanding accommodation needs assessments can be found in the Welsh Government’s Undertaking Gypsy and Traveller Accommodation Assessments guidance.
This document provides guidance for designing local authority sites in Wales. However, local authorities may also wish to consider working with Gypsy and Traveller communities to encourage the development of new private sites. This may include helping community members to understand how to seek planning permission and ensure that land purchased is suitable for planning permission to be granted. Local authorities should also refer community members to the Welsh Government funded Advocacy and Advice contract which can support community members on housing and site related matters.
Welsh Government planning circular 005/2018 Planning for Gypsy, Traveller and Showpeople Sitesprovides guidance to local authorities when trying to identify suitable site locations in their statutory Local Development Plans. As a statutory consultee for each Local Development Plan, the Welsh Government will provide feedback to local authorities in relation to their Gypsy and Traveller accommodation plans.
The planning circular outlines the importance of:
- involving Gypsies and Travellers proactively in the GTAA and planning process via Community Involvement Schemes in Local Development Plan preparation and ensuring communication is direct and accessible
- considering potential site sustainability, including access to suitable community facilities for occupiers
- guidance for Gypsies and Travellers making planning applications
- local planning authorities identifying suitable locations in their Local Development Plan for permanent and transit sites which meet the needs of Gypsies and Travellers
- including a criteria-based policy in the Local Development Plan that will provide a clear and fair rationale for the determining of planning applications
- local authorities’ responsibilities under Equality and Human Rights legislation and case law
By utilising the Welsh Government’s ‘Undertaking Gypsy and Traveller Accommodation Assessments’ guidance, this guidance and the ‘Managing Gypsy and Traveller Sites in Wales’ guidance, local authorities should be equipped with the tools to undertake the GTAAs and to meet the identified pitch needs.
In order to reduce the risk of unauthorised encampments there needs to be appropriate provision of sites. These can be provided through local authority sites, temporary/negotiated stopping places or transit sites (see the Welsh Government’s Managing Unauthorised Encampments Guidance). Delivering more sites, whether local authority sites, private or temporary/negotiated stopping places, is the responsibility of each local authority in Wales, who have a duty to find local solutions for local needs. Appropriate accommodation provision has a positive impact on access to services for Gypsies and Travellers and a beneficial effect on wider society through better community cohesion and fewer unauthorised encampments.
The sites capital grant
The Welsh Government provides funding to local authorities for the development of new pitches and sites, including refurbishment of existing local authority sites through the Sites Capital Grant.
This funding is also available for transit sites as well as temporary/negotiated stopping places. Local authorities intending to apply for Sites Capital Grant funding should consult the Welsh Government on their plans at an early stage to identify whether the proposal will be eligible.
As outlined in the ‘Planning for Gypsy and Traveller Caravan Sites’ circular, sites must be able to be occupied as Gypsy and Traveller sites for at least 21 years to be eligible for Sites Capital Grant funding.