Draft guidance for managing Gypsy and Traveller sites - Chapter 11: use of the site

Some periods of absence from a residential pitch should be permitted within the mobile home agreement. Residents should know the length of time which they will be permitted to be absent from the pitch.

Residents should advise the site manager when they intend to have periods away from the site. During periods of absence, fees should continue to be paid by residents for allocated pitches and their pitches must not be reallocated to others.

Where residents breach the agreement relating to the duration of a short-term absence from the site, for example, extending their leave of absence beyond that agreed without notifying the site manager, the local authority should investigate the reasons for this. Where a local authority is satisfied that the resident is not occupying the mobile home as their only or main residence, and the local authority considers it reasonable for the agreement to be terminated, they may apply to a tribunal for an order to that effect.

The maximum permitted period of short-term absence is at the local authorities discretion, but consideration of facilitating absence for traditional cultural practices should be factored into this decision. Consideration could also be given to aligning the permitted period of absence with that for the purposes of housing benefit, being a maximum period of 13 weeks within one calendar year. The local authority has the discretion to extend this period, if they wish, but residents should be made aware that even if their housing benefit payments do not continue to be paid, pitch fees must still be paid.

Site residents are entitled to receive visitors (and their mobile homes) onto their pitch for a temporary period, but visitors must not seek permanent occupancy. Mobile homes belonging to visitors (not those awaiting pitch application outcomes) should not be permitted on any vacant pitches on a site. The resident is responsible for all visitors to their pitch and mobile home agreements may specify that they may be liable for any damage their visitors cause.

Where possible, residents should give notice to the site manager that they are expecting visitors bringing their own caravans who may stay overnight or longer.

Residents should specify the amount of time the visitors intend to stay and the site manager should ensure that the visitors leave on time. Local authorities may consider a maximum stay of four consecutive weeks by visitors be reasonable, provided pitches are available to accommodate visitors, although a shorter period may be more appropriate where sites are overcrowded

Where sites are overcrowded, additional caravans may cause health and safety or fire concerns. The site manager should therefore explain to residents why it may be necessary to limit the number of mobile homes allowed on site at any one time. Visiting mobile homes must not breach fire regulations and the site manager is expected to conduct necessary checks to sites to ensure fire safety is maintained.

Domestic pets (dogs, cats etc.) should be permitted to live with occupants on site. In the case of dogs, ownership must be properly identified and animals must be properly controlled within the pitch at all times. The local authority may consider it appropriate to include a provision in the mobile home agreement that any additional animals an occupier may acquire after it has been agreed may constitute a breach of the unless agreed in advance with the site manager. The agreement may allow additional animals to be kept for a short time, for example a litter of puppies could be accommodated, but a reasonable time limit for them to be re-homes should be agreed.

No dangerous dogs, within the definition of the Dangerous Dogs Act 1991, will be permitted within the confines of the site. If site managers are concerned about the wellbeing of animals on site, the appropriate authorities should be informed. Further guidance can be obtained from the Welsh Government Codes of Practice for Equines, Cats and Dogs available in the Code of Practice for Animal Welfare Establishments (2020).

Local authorities should not allow horses to be kept on pitches which are not fit for that purpose, and this should be included as an express term in mobile home agreements where necessary. There may be health and safety concerns associated with horses on unsuitable pitches and they may also cause disruption and damage to facilities and communal parts of the site.

Residents must make their own private arrangement for any grazing land or stable facilities they require, whether with the local authority or a private landlord. If the local authority is able to provide land for residents (at an additional cost) adjacent to the site, it should have a clear, secure boundary and secure gates.

Gypsies and Travellers have strong cultural traditions of keeping horses and some community members report that they have been subject to discrimination when seeking to access suitable grazing land for their horses. Local authorities are encouraged to consider the availability and provision of publicly owned grazing land when identifying new Gypsy and Traveller sites where possible. Local authorities may also wish to consider offering the use of land in their own estate for short-term grazing leases.

Some Gypsies and Travellers may wish to operate their businesses from their pitch. Under section 56 of the 2013 Act, a local authority may do anything which it considers to be desirable in relation to the provision of a site, including providing working space and facilities for the residents to enable them to carry out the types of activities normally carried on by them.

Where no specific working spaces or facilities exist on a site, the local authority should carefully consider whether it is appropriate to allow residents to carry out work from their pitch. There may be health and safety concerns associated with certain types of work being carried out on an unsuitable pitch and the use of heavy machinery on site is likely to cause the roads to deteriorate and potentially endanger other residents, especially children.

Where this working on a pitch permitted by local authorities, it is the responsibility of both the site manager and operational manager to ensure that the site remains safe for all other occupants and visitors and that any additional requirements to safeguard others on site are included in the agreement.

Local authorities should consider whether the particular business needs of the residents require specific working or storage facilities on separate parts of the site or whether community members could reasonably be expected to lease commercial premises nearby.

For example, Travelling Showpeople sites may require specific areas to store and maintain fairground equipment. However, a scrap metal dealer working as a mobile collector would be unlikely to have a special need to store scrap metal on their own pitch.

Local authority site owners may also wish to consider including an express term in pitch agreements prohibiting the use of the pitch and/or site for commercial purposes, where appropriate.