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> Material Considerations
Material Consideration
If a Gypsy or Traveller can establish ‘Gypsy status’ then he or she will have to produce some evidence to show that the proposal for the use of land as a caravan site conforms with the relevant national and local planning policies or that, in the event of non-compliance, there are other material considerations that justify the grant of planning permission.
Personal Circumstances
In particular, it will be important for the individual to produce evidence of personal circumstances (for example, evidence relating to health and education) and the need for a site to accommodate the family.
Gypsies and Travellers living on unauthorised encampments find it particularly difficult to educate their children. The fact that decision makers are required to consider the educational needs of children when deciding whether to grant planning permission for a site was recognised in Basildon DC v SSETR - where the court stressed that the education needs of children are an important aspect of wider land use considerations in the provision of sites for Gypsies and Travellers and that there is considerable public interest in providing stable educational opportunities for Gypsy and Traveller children.
Need
In coming to a decision that balances the requirements of national and local planning policy against the rights and needs of nomadic people, account must be taken of the shortfall of accommodation for Gypsies and Travellers and the general ‘need’ for more sites. The courts have held that the need for sites is an independent material consideration to be taken into account in arriving at decisions concerning sites for Gypsies and Travellers.
