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> Circular 01-06 Planning for Gypsy and Traveller Caravan Sites
Circular 01/06 ‘Planning for Gypsy and Traveller Caravan Sites’
On 2nd February 2006 the government issued ODPM Circular 01/06 ‘Planning for Gypsy and Traveller Caravan Sites’ (Circular 1/06) and cancelled Circular 1/94. A draft Welsh Circular is currently being considered by the National Assembly of Wales. This Circular will replace Circular 2/94.
The government decided that it was necessary to issue new planning advice because the evidence showed that Circular 1/94 had failed to provide adequate sites for Gypsies and Travellers in many areas of England over the last 12 years.
In paragraph 5 of Circular 1/06 the government referred to the poor health and low level of educational attainment amongst Gypsies and Travellers and expressed the view that the new Circular should enhance their health and education outcomes.
In paragraph 12 the government indicated that it is intended that Circular 1/06 will, among other things:
Circular 1/06 explains how the planning system will work in the context of the provision of Gypsy sites. It makes it clear that local planning authorities (LPAs) should begin the process by assessing the accommodation needs of Gypsies and Travellers and produce Gypsy and Traveller Accommodation Assessments (GTAAs).
The information from GTAAs will be fed into the Regional Planning Bodies (RPBs) who will then be responsible for preparing Regional Spatial Strategies (RSSs) which will identify the number of pitches required (but not their location) for each LPA and a strategic view of needs across the region.
It is then for individual LPAs to produce their own Development Plan Documents
(DPDs) which set out site specific allocations for the number of pitches that the RSSs
have specified they need to accommodate within their areas. LPAs will need to
demonstrate that sites are suitable and that there is a realistic likelihood that specific sites
allocated in DPDs will be made available for that purpose. DPDs will also need to
explain how the land required will be made available for use as a Gypsy site (or sites) and
the timescales for such provision.
Clearly, it will take some time for LPAs to complete GTAAs, for RPBs to produce RSSs
which accurately identify the number of pitches that individual LPAs should be required
to provide, and for LPAs to then adopt site specific DPDs. Paragraph 43 of Circular 1/06
states that where there is a clear and unmet need for additional site provision then LPAs
should bring forward DPDs containing site allocations in advance of the regional
consideration of pitch numbers and completion of their GTAAs.
Paragraph 45 of Circular 1/06 indicates that where there is unmet
need but no available alternative Gypsy and Traveller site provision in an area but
there is a reasonable expectation that new sites are likely to become available at the end
of that period in the area which will meet that need, LPAs should give consideration to
granting temporary planning permission.
Paragraph 46 states that in such circumstances LPAs:
‘are expected to give substantial weight to the unmet need in considering whether a temporary planning permission is justified’.
The government decided that it was necessary to issue new planning advice because the evidence showed that Circular 1/94 had failed to provide adequate sites for Gypsies and Travellers in many areas of England over the last 12 years.
In paragraph 5 of Circular 1/06 the government referred to the poor health and low level of educational attainment amongst Gypsies and Travellers and expressed the view that the new Circular should enhance their health and education outcomes.
In paragraph 12 the government indicated that it is intended that Circular 1/06 will, among other things:
- create and support sustainable, respectful and inclusive communities where Gypsies and Travellers have fair access to suitable accommodation, education, health and welfare provision;
- reduce the number of unauthorised encampments and developments;
- increase significantly the number of Gypsy and Traveller sites in appropriate locations with planning permission in order to address under-provision over the next 3 – 5 years;
- recognise, protect and facilitate the traditional travelling way of life of Gypsies and Travellers, whilst respecting the interests of the settled community;
- underline the importance of assessing needs at regional and sub-regional level and for local authorities to develop strategies to ensure that needs are dealt with fairly and effectively;
- identify and make provision for the resultant land and accommodation requirements;
- promote more private Gypsy and Traveller site provision in appropriate locations through the planning system, while recognising that there will always be those who cannot provide their own sites;
- help avoid Gypsies and Travellers becoming homeless through eviction from unauthorised sites without an alternative to move to.
Circular 1/06 explains how the planning system will work in the context of the provision of Gypsy sites. It makes it clear that local planning authorities (LPAs) should begin the process by assessing the accommodation needs of Gypsies and Travellers and produce Gypsy and Traveller Accommodation Assessments (GTAAs).
The information from GTAAs will be fed into the Regional Planning Bodies (RPBs) who will then be responsible for preparing Regional Spatial Strategies (RSSs) which will identify the number of pitches required (but not their location) for each LPA and a strategic view of needs across the region.
It is then for individual LPAs to produce their own Development Plan Documents
(DPDs) which set out site specific allocations for the number of pitches that the RSSs
have specified they need to accommodate within their areas. LPAs will need to
demonstrate that sites are suitable and that there is a realistic likelihood that specific sites
allocated in DPDs will be made available for that purpose. DPDs will also need to
explain how the land required will be made available for use as a Gypsy site (or sites) and
the timescales for such provision.
Clearly, it will take some time for LPAs to complete GTAAs, for RPBs to produce RSSs
which accurately identify the number of pitches that individual LPAs should be required
to provide, and for LPAs to then adopt site specific DPDs. Paragraph 43 of Circular 1/06
states that where there is a clear and unmet need for additional site provision then LPAs
should bring forward DPDs containing site allocations in advance of the regional
consideration of pitch numbers and completion of their GTAAs.
Paragraph 45 of Circular 1/06 indicates that where there is unmet
need but no available alternative Gypsy and Traveller site provision in an area but
there is a reasonable expectation that new sites are likely to become available at the end
of that period in the area which will meet that need, LPAs should give consideration to
granting temporary planning permission.
Paragraph 46 states that in such circumstances LPAs:
‘are expected to give substantial weight to the unmet need in considering whether a temporary planning permission is justified’.
