Meeting documents

Cabinet
Wednesday, 7th December, 2005

APPENDIX 3

South West Regional Assembly

South West Regional Spatial Strategy

Gypsy and Traveller policy requirements

Brief for Section 4/4 Authorities' First Detailed Proposals

Introduction

1.1 The RSS is required to express the spatial pattern of need for Gypsy and Traveller pitch numbers at local authority level.1 This regional spatial distribution should provide the framework to assist local authorities in their task of identifying specific site locations, suitable for meeting the needs of the Gypsy and Traveller community. Only in exceptional circumstances will local authorities be able to rely solely on criteria based policies (para.27 draft Circular) and this will need to be clearly justified if they are unable to identify suitable site allocations through their Development Plan Documents. The RSS spatial distribution will also assist in determining future funding priorities for the provision of Gypsy and Traveller requirements.

1.2 As the Gypsy and Traveller policy requirements for the RSS will need to express local authority level pitch requirements, this triggers the statutory role of the County, Unitary and National Park Authorities (hereby referred to as 4/4 Authorities) therefore enabling them to submit `First Detailed Proposals' for this policy area for consideration by the RPB. This brief sets out the role of the County, Unitary and National Park Authorities (hereby referred to as 4/4 authorities) in assisting the RPB to develop these local authority level figures2 . The brief outlines:

the technical nature of the work to be carried out by the 4/4 Authorities, based on two possible scenarios (ie whether local authorities in their area have commenced their Local Housing Needs Assessments or not);

the specific outputs requested;

the timetable for delivery of the `first detailed proposals' and supporting technical information; and

the consultation requirements

1.3 To assist in the task of identifying regional need and specific local authority pitch requirements, the RPB and 4/4 Authority partners will need to draw on the information of the Local Housing Needs Assessments, which local authorities will be statutorily required to carry out.3 The LHNA is required to identify the level of need for the Gypsy and Travelling Community and if necessary work in partnership with neighbouring authorities to outline a strategy for addressing that need.

1.4 At present the RPB is aware that local authorities are at differing stages of completion with their Housing Needs Assessment work and many areas have chosen to delay commencing this work in anticipation of the imminent publication of the ODPM guidance. The ODPM are intending to publish draft guidance for consultation in November 2005 with final publication in the spring of 2006. However local authorities should be aware that the OPDM are urging areas not to delay commencing this work until the final publication is available.

2. Technical requirements

2.1 The RSS is required to identify Gypsy and Traveller pitch requirements at local authority level. Given current circumstances and the need to feed into the RSS, the RPB is proposing an alternative method for arriving at indicative need figures at local authority level, in the absence of completed local housing needs assessments. However, where local authorities are in the process of carrying out their Local Housing Needs Assessments and are likely to have completed this work in time to assist 4/4 authorities in drafting First Detailed Proposals, this information should be utilised. In these circumstances the 4/4 authority will still need to submit the baseline data outlined below. This information is required of all areas, regardless of whether they are undertaking a local housing needs assessment or not and will be utilised to carry out any necessary comparative regional level work.

2.2 To assist in the collection of data for this exercise the RPB is working in partnership with the ODPM's Gypsy and Traveller unit who are responsible for checking submissions by local authorities for the Gypsy and Traveller Caravan Count. This data is collected on a specified date in January and July each year. The ODPM have recently introduced a revised return, which replaces the former GS1 (Count of Gypsy Caravans) and GS2 (Provision of Local Authority Caravan Sites) forms and now collects more comprehensive data. This information will be submitted online. An example of the form for completion online is included in appendix 1.

2.3 The ODPM request that local authorities undertake the Gypsy and Traveller Caravan Count on the same day nationally, to improve the accuracy of the data and minimise the possible risk of undercounting or double counting. The proposed date for carrying out the count is 19th January 2006, with a request that data is submitted to the OPDM within two weeks of carrying out the count.

Data Collection and Assessment

2.4 There are two main ways in which this assessment can be made:

Where local authority areas are not likely to have completed their local housing needs assessment to inform the drafting of First Detailed Proposals, the RPB are proposing that the January 2005 and January 2006 Caravan Count data is utilised. This information should assist the 4/4 authorities in drafting their `First Detailed Proposals', to identify indicative figures for Gypsy and Traveller site requirements in their area. This should also assist in avoiding any unnecessary duplication of work. The data collected for the January 2006 Caravan Count should be submitted (in Microsoft Excel format) with the final submission in February 2006. In drafting `First Detailed Proposals' the 4/4 authorities should also consider the historical caravan count data (available on the ODPM website), in order to get a more comprehensive picture of how Gypsy and Traveller accommodation needs have developed in recent years. The 4/4 authorities should also draw on the expertise of officers who work closely with the Gypsy and Traveller community, ie Traveller Education Service and Gypsy and Traveller Liaison Officers, in assisting with this work.

Where local authority areas are likely to have completed their local housing needs assessments this more comprehensive process should be utilised to inform the submission of First Detailed Proposals. However in order to carry out an indicative regional wide assessment of need these areas are still required to submit the data collected for the January 2006 Caravan Count with their final submission to the RPB in February 2006.

Outputs

2.5 The 4/4 authority will need to clearly express, in a written report, the level of technical work undertaken to assist in the drafting of First Detailed Proposals. The full report and supporting data, will serve as the necessary background information against which the RPB will assess the First Detailed Proposals for Gypsy and Traveller pitch requirements at local authority level. The technical report should outline how the Caravan Count data was utilised to assist in the drafting of First Detailed Proposals; how this data has assisted in the estimation of unmet need at local authority level, identifying those areas currently under pressure; how this estimated unmet need could be resolved and the local authorities best placed to meet any unmet need through the delivery of a network of sites.

2.6 Where authorities are able to draw on completed Local Housing Needs Assessments, the technical report should include details of the methodology utilised to assess Gypsy and Traveller need. The report should also outline the period considered and if possible the level of need by local authority area for the plan period to 2026 in five year periods 2006/07-2010/11, 2011/12-2015/16, 2016/17-2020/21, 2021/22-2025/26. If this is not possible the technical report should clearly explain why.

Consultation

2.7 To assist in the drafting of First Detailed Proposals, the 4/4 authorities will need to carry out consultation to ensure community groups and representatives of the traveller and gypsy community have an opportunity to inform the process. This could include focus group discussions or workshops to discuss the level of need identified through the data collection process or more comprehensive consultation that may be carried out as part of the Local Housing Needs Assessment or Local Development Framework process. Where 4/4 authorities are concerned about the timescale for consultation, given that the January 2006 data will not be collected until 19th January, they can utilise historical data instead. However the final submission on 7th February should still include the January 2006 data and with details of how this more comprehensive data may impact/alter the 4/4 authorities' `First Detailed Proposals'. A list of possible consultee organisations who represent the Gypsy and Traveller community are outlined in Annex A of the draft Circular `Planning for Gypsy and Traveller Sites' (December 2004).

2.8 The consultation is essential as there will not be sufficient opportunity to carry out this requirement prior to submission of the draft RSS at the end of March 2006. Furthermore given the local nature of the issue it is more appropriate for consultation to be carried out at a more local level. If local authorities have already carried out sufficient consultation on this issue as part of carrying out their local housing needs assessments or through their local development plan process, this will need to be outlined in the consultation statement submitted with the First Detailed Proposals. The level of consultation 4/4 authorities are proposing to carry out should be outlined in an early response to the brief by 18th November 2005. A full consultation report will need to be included with the final submission in February 2006, outlining what level of consultation has been undertaken to inform the 4/4 authority advice.

3. Submission Requirements

3.1 The 4/4 authorities, working in partnership with their district colleagues, should submit First Detailed Proposals and supporting background information by 7th February 2006. The final submission should include:

Caravan Count data carried out on 19th January 2006 on behalf of the ODPM Gypsy and Traveller unit and historical Caravan Count data (available from the ODPM website).

Technical report outlining how the Caravan Count data was utilised to assist in the drafting of First Detailed Proposals; how this data has assisted in the estimation of unmet need at local authority level, identifying those areas currently under pressure; how this estimated unmet need could be resolved and the local authorities best placed to meet any unmet need through the delivery of a network of sites.

Where authorities are able to draw on their completed Local Housing Needs Assessments, the technical report should include details of the methodology used and outline the period considered. If possible the level of need identified by local authority area should be outlined for the plan period to 2026 in five year periods 2006/07-2010/11, 2011/12-2015/16, 2016/17-2020/21, 2021/22-2025/26.

Consultation report outlining which organisations and community groups were engaged in the process - either through the Local Housing Needs Assessment process, the Local Development Plan process or an alternative means in the event of the area not undertaking their Local Housing Needs Assessment at this stage.

For those areas that have not yet completed their local housing needs assessments, they will also need to submit a project plan/timetable for completion of Local Housing Needs Assessments to consider G&T requirements for all local authorities in their area. This information will be utilised to outline the RPB's project plan for early review of the Gypsy and Traveller RSS policies to cover a more comprehensive policy position for the region and to cover those areas that have not yet undertaken/completed their Local Housing Needs Assessments.

4. Timetable for submission of First Detailed Proposals

10th October 2005

RPB issue draft 4/4 authority brief for the policy requirements to identify Gypsy and Traveller site requirements at regional level

21st October 2005

4/4 authorities (working in partnership with district colleagues) confirm in writing whether they wish to submit First Detailed Proposals

25th October 2005

RPB issue final brief and formal request to those 4/4 authorities who have identified that they wish to submit First Detailed Proposals

18th November 2005

4/4 authorities submit details of the level of consultation they are proposing to undertake to help inform the drafting of the `first detailed proposals'.

7th February 2006

4/4 Authorities (working in partnership with district colleagues) submit First Detailed Proposals

8th - 15th February 2006

RPB assess First Detailed Proposals for inclusion in draft RSS and draft interim policy statements. There may also be an opportunity to organise a regional level workshop with key stakeholders to discuss the draft proposals for inclusion in the RSS

22nd February 2006

RSPTG debate draft Gypsy and Traveller policies in developing RSS

10th March 2006

South West Regional Assembly debate final draft RSS ready for submission to GOSW at the end of March 2006

5. Additional Sources of Information

Historical Gypsy and Traveller caravan count and unauthorised encampments data accessible via the ODPM website www.odpm.gov.uk

ODPM, Planning for Gypsy and Traveller Sites Consultation Paper, December 2004 (final publication date expected October 2005)

South West Housing Body, South West Regional Housing Strategy 2005-2016, 2005

ODPM, Local Authority Gypsy/Traveller Sites in England, Pat Niner, Centre for Urban and Regional Studies, University of Birmingham, July 2003

1 Planning for Gypsy and Traveller Sites Consultation Paper, December 2004, ODPM

2 Planning and Compulsory Purchase Act 2004, Section 5(5) and The Town and Country Planning (Regional Planning) (England) Regulations 2004, Part 3 Section 8(1)

3 Housing Act 2004