Report to the Portfolio Holder for Developing a Dynamic Economy

On

Gypsy and Traveller Accommodation

20th July 2009

  1. Purpose of the Report

1.1.To explain the options for the delivery of Gypsy and Traveller accommodation within the Local Development Framework (LDF).

  1. Recommendation

2.1It is recommended that Option 2, Poole’s participation in the Dorset-wide Gypsy and Traveller DPD, be taken forward as the mechanism for identifying how Poole will deliver its requirement for sites as set out in the emerging Regional Spatial Strategy.

3.Background

3.1The emerging Regional Spatial Strategy for the South West (Secretary of State’s proposed Changes) identifies a requirement for the provision of both permanent and transit pitch requirements by local authority area up to 2011. For Poole this is 35 residential pitches and 8 transit pitches. All the Dorset authorities dispute the pitch requirements in the emerging RSS.

3.2The publication of the RSS has been delayed which provides some uncertainty about the final pitch numbers that local authorities will be required to deliver. The background evidence supplied by the Dorset authorities to the Secretary of State indicates that Poole’s residential pitch requirement is 15 and 8 transit pitches.

3.3In so far as the residential target, Poole is refurbishing a site at Mannings Heath to accommodate 15 pitches. Poole is therefore going some way to meeting the RSS requirement regarding residential pitches. The outstanding issue is that of transit provision.

3.4Poole is the only authority in Dorset to have an adopted Core Strategy and is at an advanced stage in working towards a Site Specific Allocations Development Plan Document, the vehicle for identifying a suitable transit site. This puts Poole in a unique position to meet its commitments by 2011. The other Dorset authorities not being in this position have agreed to work on a joint G&T DPD to identify both residential and transit sites.

3.5The Equalities Agenda places a statutory requirement on the Council to meet the needs of the community and the provision of a transit site for Gypsies and Travellers would fall into this category. The Council’s general duty is to promote race equality. There is an obligation on the Council as a public authority to make race equality a central part of their functions e.g. planning, policy making and service delivery. As such we should be seen to be promoting the needs of all groups and encouraging good relations between persons of different racial groups.

4.Current Position

4.1The Current position for the BoP is therefore that we have a core strategy adopted, we are now engaged in moving the SSADPD forward, that includes identifying the provision of a 8 pitch transit Gypsy and Traveller site, in accordance with the time lines agreed with the GOSW and aiming for an Examination in Public in 2010.

4.2It is however accepted that this element of the SSADPD is a sensitive and complex issue made more difficult by the tightly constrained nature of Poole. Poole has committed itself to finding a site (policy PCS9 of the Core Strategy) through the Site Specific Allocations DPD, however, the evidence gathered is raising issues that make this route look increasingly problematic.

5.Risks of Delay

5.1Delay in bringing forward a site through the SSADPD will draw Ministers attention to Poole not meeting its commitments. At the moment Government views Poole as a proactive authority engaged in delivering quality outcomes for local people. Delay could damage our reputation and also run the risk of Government directing us to find a site. This in turn could jeopardise our ability to attract funding for site provision thus placing additional pressure on the Council’s budget.

6.Moving Forward

6.1Difficulties of identifying a site that does not conflict with other policies of the council, eg tourism, have proved more difficult than first envisaged. The Core Strategy does state under Policy PCS 9 that the provision of the remaining transit pitches will be addressed through the SSADPD and through joint working with Bournemouth and the other Dorset local authorities to provide a co-ordinated approach to provision.

6.2Given the difficulty of finding a site in Poole without impacting neighbouring authorities cross boundary site allocation needs to be considered properly in order to avoid unnecessary anxiety amongst the public.

6.3The County-wide Gypsy and Traveller DPD workstream is shortly to go out to tender. The BoP, whilst engaging with the working group, due to it’s advanced stage of delivery of the core strategy and resultant work on the Site Specific allocations is the only council not due to be a part of the commissioning work. In addition the Gypsy and Traveller accommodation issue being part of the SSADPD makes it more difficult to embrace a joint DPD, however if it was considered appropriate to engage with the County-wide joint DPD, there is no reason why in principle we could not de-clutch the Gypsy and Traveller element of the SSADPD and carry on with the other works streams according to timetable.

6.4Contact has been made with the lead authority and it has been established that there is no objection in principle to BoP becoming one of the commissioning authorities, even though the requirement would only be for a transit site, unless Poole’s residential pitch requirement is increased by the Secretary of State.

6.5The Dorset Strategic Partnership (£150K) and REIP funding (£15k) has resulted in an estimated cost over a three year period of between £7,150-£14,300 which would reduce if Poole joined the partnership. For budgeting purposes therefore it is estimated that the Council would need to identify c£10k.

6.6The benefit of Poole joining with the other Dorset authorities in producing a joint DPD is that it would result in a co-ordinated approach to the provision of transit accommodation, although it needs to be understood that this does not exempt the Council from providing a site within its administrative area. It is also to be noted that from a transit position Bournemouth have stated a commitment to find a site in the short term outside of the LDF process.

6.7The joint DPD work is being tendered for consultants to do the site identification and recommendations. An appointment is expected at the end of the year and the work is likely to take 2-3 years including taking the DPD through examination to adoption. The Joint DPD will need to be adopted by each authority at the end of the process that realistically would not be until 2012.

6.8If the Council join the Joint DPD on Gypsy and Traveller accommodation then the work already completed on site selection would be used by the consultants to move the specific issue of a transit site for Poole forward.

7.Options

7.1Option One:

To carry on the SSADPD work in accordance with the timetable agreed, that would progress the site selection work for a transit site from choices to preferred options. This will require consultation with the public at this stage. If as a result of this process that having considered all of the various locations the Council does not feel able to identify a suitable site for inclusion in the SSADPD, then this would effectively defer a decision to an Inspector, appointed to hear representations to the DPD. The Inspector could select a site that is unpopular or find this element of the DPD unsound thus putting the onus back on the Council. This option would not change any issues with the Equalities Agenda of the Council.

7.2Option Two:

To separate the Gypsy and Traveller element from the SSADPD and join the County-wide DPD for the transit element only, assuming no residential pitch increase for Poole. This will have the benefit of such a sensitive issue being considered separately to the other DPD issues and will mitigate against disruption to the process as a whole. The Gypsy and Traveller DPD will need to be formally adopted by all of the participating authorities.

7.3Whatever the strategy adopted under current legislation it will still be the responsibility of the Council to approve a site and move forward with its implementation.

8.Financial Risk

8.1There is a cost against option 2 (c£10k) and it will need engagement as soon as possible as the tender documents are about to be issued. It is also to be noted that if option 2 is pursued the money available from central government to help implement a site may be diminished given public sector spending cuts and drawdown on the available funds.

9.Legal Implications

9.1There is no specific legal implication per se. The RSS is yet to be approved by the Secretary of State and therefore is not yet part of the development plan. The Council’s Local Development Scheme leaves the door open for Poole to engage in a joint Gypsy and Traveller DPD.

10.Equalities Implications

10.1This is probably the greatest area of risk to the authority. At a time when the Council is going for Level 3 Equalities Assessment it could be viewed that a difficult issue is being parked. It is important to emphasise though that the Council has undertaken significant work in trying to find a suitable transit site and the issues arising require wider joint working to ensure the potential impacts are fully assessed to meet the needs of the whole community.

11.Conclusion

11.1Given the sensitive nature of site selection and the potential impact on neighbouring authorities it is considered that working together with the other Dorset authorities will enable a co-ordinated approach to site selection allowing all groups within the community to be engaged in the process.

Stephen Thorne Head of Planning & Regeneration Services