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Kevin Hollinrake (Thirsk and Malton) (Con)
I beg to move,
That this House has considered the adequacy of planning policy for Traveller sites.
It is a pleasure to hold this debate with you in the Chair, Dame Siobhain. My constituents are reasonable people; they totally understand and appreciate people’s wanting to live alternative ways of life, including nomadic lifestyles. I have lived all my life in my constituency, and the Travelling community has been part of the constituency for that whole period of time. We respect the contribution the community makes to our society, as long as communities are law-abiding and let other people peacefully enjoy their property, settlements and communities.
The real concern in my constituency is about a number of planning applications, and whether planning policies apply equally to local people and to other communities, including Travelling communities. The basic principle is that there is one law for all, rather than one law for one person and another for another person: the law applies equally to everyone in our communities and society. With some of the applications, there is a real feeling that that is not the case, and that contributes to a feeling that we are moving to a form of two-tier society, which would be a dangerous state of affairs.
Where some applications are being made, our local communities do not understand why planning policy is not being overseen equally, and there is a deal of anger about that. That is the case with a number of applications, including one at Sheriff Hutton, one near Rillington and a number of potential others. The applications are being considered, and in some cases recommended for approval, on the basis not of planning law but of other laws, such as the Human Rights Act 1998, the Equality Act 2010 and the UN convention on the rights of the child, as well as the European convention on human rights, which obviously has other consequences in different parts of our system.
Normal, law-abiding citizens go about a planning application in the appropriate way: they first find a site that suits their needs, before looking at planning policy and probably instructing an agent to act on their behalf, and they then submit an application before doing any work to that site. The application must conform to planning policy, or they will not get consent. They go through the various iterations of the planning process. It may take years to get planning consent for the property development, but hopefully at some point they get it. Most of my constituents respect the planning process and its outcomes.
Jim Shannon (Strangford) (DUP)
I apologise to you, Dame Siobhain, and to the hon. Gentleman, because I have other engagements and cannot stay. Does the hon. Gentleman agree that the delicate balance to be struck between allowing travellers to carry on their way of life and ensuring that the community around them is not adversely affected relates not just to planning policy but to all policies? We want to foster Traveller communities that feel engaged in and a part of our communities; that can be achieved by building relationships and through a little bit of understanding.
Kevin Hollinrake
As always, the hon. Gentleman is very reasonable. That is exactly the position that my constituents and I take: this is about fairness and applying the law equally. The Human Rights Act contains a requirement to consider the rights not just of the individual but of other people in such situations, but it seems that some applicants’ rights are given greater consideration than those of others. That is my biggest concern. This issue has been dealt with to some extent through planning policy, but that has not been sufficient to deal with some of the problems.
I have set out how someone who respects the law and the planning process might set about applying for planning permission. In some applications it has not been done that way. Some applicants purchase a site first, probably a roadside site, with or without access—they might create access. Sites in Sheriff Hutton and Rillington are in open countryside and not in a location where someone would normally get planning consent for such developments. The site is prepared with the access and hard standing, for example, which is not a major contravention of planning policy and not something the planning department might have too big a problem with at the time. There might be an agricultural building on the site, for example, and water and power put into the site. Preparation occurs.
Then one evening—overnight or on a bank holiday weekend when the people who look after these matters might not be in their offices—the site is occupied unlawfully without planning consent. Caravans might move on to the site, along with other equipment, and maybe toilet blocks are built overnight, which happened at one of the sites, and the site is occupied with a view to being occupied permanently. It is not a temporary position; the people occupying the site intend to occupy it permanently.
Then the planning authority has to go through an enforcement process following complaints from local people about the application. The planning authority’s wheels turn pretty slowly, which I think the people occupying the site are aware of, and enforcement measures take place. That might take months, during which time the community might experience some disturbance and real concerns are expressed.
When enforcement measures are taken, the owner of the land will submit a planning application retrospectively. Despite the flagrant breach of the proper planning process, the application is then considered as if it were made using the proper process. That is where it fundamentally goes wrong: the fact that the retrospective application is considered on the same grounds as though it were a normal lawful process is what is wrong. The application is made, of course, on the basis of the rights of the people occupying the site. The Human Rights Act, the Equality Act, the UN convention on the rights of the child and the European convention on human rights are all cited in relation to the rights of the occupants—generally the families on that site who need healthcare and education. No one would doubt the need of the children and the people in need of healthcare to access such facilities. That is the basis of why the application should be considered, despite the fact that it is retrospective.
Jim Shannon
I thank the hon. Gentleman for graciously allowing a second intervention. Is he aware of the latest Irish Traveller accommodation strategy 2020-2025? If he or the Minister are not, may I suggest that they access it? It sets out guidelines to provide, in this case, Irish Travellers
“with access to good quality, culturally appropriate housing accommodation which fosters a sustainable, vibrant Traveller community”.
That allows the Travellers to enjoy their own lifestyle but at the same time consider the possibility of integration. Does he agree that perhaps those guidelines, which are from a different jurisdiction, might be helpful?
Kevin Hollinrake
Perhaps understandably, this is not my policy area. I am holding this debate because it is a constituency issue. I am not particularly aware of the Irish rules that the hon. Gentleman mentions. But it is right to say that local planning authorities have a requirement to facilitate the peaceful enjoyment of people who live nomadic lifestyles. I support that totally. North Yorkshire should provide such facilities, and it does. That site is occupied despite the fact that there are available places on a designated Traveller site nearby. That is one of the concerns: there are other facilities available, but the person who made this application does not want to be on them. I believe they are misusing the planning policy. I have no objection to people’s right to live alternative lifestyles and to live in different ways in their own communities; what I object to is the misuse of the planning process.
The issue was dealt with, to some extent, by my very fine colleague—sadly, my late colleague—James Brokenshire when he was Housing, Communities and Local Government Secretary. In February 2019, he published some new recommendations for planning authorities, stating that the intentional unauthorised development of a site should be considered a material point within a planning application. That is absolutely critical. He was saying, therefore, that the local planning authority had grounds to refuse the application on the basis that there was an intentional unauthorised development. Despite the North Yorkshire planning authority’s awareness of that requirement, it still recommended approval on this site, which I find astounding.
I find the whole situation astounding, and so do many of my constituents. It is important that we look at the facts. Members engaging in this debate and people watching it on Parliament TV may look at the application on the North Yorkshire portal—the planning reference is 22/00102/FUL. The things I am saying are based not on local rumours and concerns, but on the actual documented situation with the planning application.
The site in question is on Cornborough Road, about half a mile out of the village of Sheriff Hutton. It is in open countryside, and is outside the development plan. The application is for eight units of accommodation—four permanent breezeblock-built units, and permanent static caravans—and 12 car spaces. It has been occupied for three years without planning consent by a family with six children. Obviously, we respect their right to go about their lives in a way they feel appropriate, and we have every hope that those children will be properly educated and receive proper public services.
The planning officers, in their wisdom, decided to recommend the site for approval, with one significant condition: occupancy of the site was to be restricted to the family and their dependants—the adults on the site, the owners of the site and their children. Of course, those children will be adults one day, which means that the site could be occupied for many decades. The application also says that there could be a variation in the application for an extended family, for example, which could mean that the site is occupied for a very long time. Remarkably, the agent for the applicant objected to that condition, again on human rights grounds. It is clear that the site will be occupied in the very long term, and that there will be the ability to sell it on to someone else.
I think it is absolutely wrong that people can effectively drive a coach and horses through the planning system. My law-abiding constituents would not go about it in that way. Unless we deal with this situation properly, it will breed a sense of unfairness—the idea that there is one law for one and another for others. Unless we deal with the problem by clarifying the planning guidance, to ensure that anybody who is guilty of a flagrant abuse of the planning system cannot ever get planning consent on a site in that way, we will see more and more such applications, not in just my constituency but in constituencies around the country.
I know the Minister is freshly in the job. I welcome him to his place. He is a good man, and we have dealt with many things in the past, when our roles were reversed, so I know that he will look at this seriously. We have engaged on this particular matter already. Furthermore, my colleague the shadow Minister, my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds), is also experienced in these matters.
I urge the Minister to tighten the rules to ensure that our constituents, law-abiding citizens of this country, feel that we are on their side. Law-abiding people go about the planning process properly, and should not feel that we favour people because of abstract laws, laws potentially imposed on us by the UN convention on the rights of the child or the European convention on human rights—now embedded in our own Human Rights Act—which mean that some people are treated more fairly than others during the process. It is important that we act and that we clarify the planning process, so that people who act in that way can never get planning consent. That is the only way we will stop such rogue applications being submitted.
Olivia Blake (Sheffield Hallam) (Lab)
It is a pleasure to serve under your chairship, Dame Siobhain. I thank the hon. Member for Thirsk and Malton (Kevin Hollinrake) for securing this debate on a subject with which I am sure many hon. Members are familiar, although sadly that familiarity does not always come from a good place. Often it is driven by casework.
My understanding of the issues has been enriched by listening to the Traveller community in my constituency and hearing about the problems that they have experienced. I have heard the concerns about a two-tier system in planning, but it was interesting to hear, in a discussion on a long-standing site run by the council in my area, that they are not eligible for the right to buy, even though some of those families have lived there for 40-plus years. The idea that there is a two-tier system in planning ignores the fact that there is also a two-tier system for this very prejudiced-against group of people.
Too often our familiarity comes from lurid headlines that generate a lot of heat rather than shedding light on the problems experienced by a community facing discrimination and disadvantage across the board. It is important that we bear that in mind when we talk about the issue in the context of the planning system, and it is important that we are honest about the context of those problems. It is difficult to have a sensible discussion about how we best serve Gypsy, Roma and Traveller communities when words like “incursion” are used and when groups of Travellers are repeatedly characterised as ruining picturesque landscapes, towns or villages, creating nuisance and disturbance, or somehow being above the rules.
Given that context, we need to be explicit in saying that, far from the invalidation and demonisation of such communities that we often see in the media, the planning system should support this group to live in the way that they choose. There has been an absolute failure to provide adequate sites for those who do travel. Stopping places simply have not been available, so it is no wonder that families are looking for alternatives. Unfortunately, that means a huge shortage of sites and pitches across the UK, particularly in England. As a result, in 2019 some 13% of caravans were on unauthorised land, as the organisation Friends, Families and Travellers reports. What we are seeing is not an incursion, but rather a forced displacement due to the lack of available sites for those who choose to travel.
Kevin Hollinrake
I absolutely agree that sites should be made available, but may I reiterate the point that I raised? For the family I mentioned, sites were available. In fact, the family occupied a site at Tara Park in Malton until they moved on to that particular site, so it is not the case that no sites are available. There are also nearby sites in Osbaldwick in York. It is not as if there are no alternatives to occupying the site unlawfully. It is important to understand that.
Olivia Blake
That is why I think it is important that local authorities work with the community to understand their needs. There are many reasons why individual families may not feel able to be on a site. They may also want to create their own space and home, which I completely understand.
Rather than creating more sites, the previous Government moved to criminalise GRT communities through the Police, Crime, Sentencing and Courts Act 2022. Those laws should be repealed, in my view. We should be tackling the root cause of the issue: the failure of the system to support a diverse group of people who already suffer prejudice and discrimination. There is a lack of understanding about the realities for this group.
It is not just that we need new sites and more pitches; the ones that we have are not up to scratch. That is certainly true of the sites in my constituency: they are often segregated from settled communities and suffer problems with access to services, transport and schools. There is no path to reach the community that I represent, so children have to walk down a 60 mph road to get the bus to school. When the street lights were updated, for some reason the contractor did not realise that the council owned the properties, so the community has been living with poor-quality street lighting rather than LEDs. I hope that that will soon be resolved on the site.
That is the kind of suffering that we see in those communities. They are often seen as other, as different or as difficult to deal with. That is not true, in my experience. If we listen to the concerns of the community, we will see progress and clarity of responsibility, not only from the community itself but from the services that are meant to serve it. Decisions are often made to place sites in unsafe areas next to main roads, refuse destructors, traffic-laden areas, intersections of motorways, busy highways or railway tracks. There are many reasons that people would not want their children to be near those things. That has contributed significantly to the health, education and other social inequalities that we see in the community.
We have to acknowledge that the isolation and segregation are partly due to political pressure. We know that local authorities have not achieved what they should in terms of sites, options and working with the community as best they can. That is why this is not just a technical debate on planning laws; we have to talk about tackling attitudes as well. When the Caravan Sites Act 1968 gave councils a statutory duty to create sites, many people opposed having them in their area. To put it bluntly, the location of many sites today is a consequence of anti-Traveller racism. The site in my area is right on the edge of town, away from many services.
We need more sites and pitches, and we need to end the criminalisation of people living in a legitimate way, but we also need to work with the community and listen to their needs, understanding that they are individuals and have individual rights, as we all do. The hon. Member for Thirsk and Malton probably disagrees; he alluded to European human rights putting one group ahead of another. I disagree. I think that those rights protect us all and allow us all to have the individual rights and freedoms that we so richly deserve.
Kevin Hollinrake
I agree with the principle. My point is that that is how the European convention on human rights and the Human Rights Act are framed, but it is not how things operate in practice. My constituents cannot occupy a field and build a house on it if it is in open countryside and not within the development limits of a village. They operate on that basis. Why should somebody else from a different community be able to occupy that site and develop it in a way that my other constituents, who work on a lawful basis, cannot? Why should that be the case?
Olivia Blake
The hon. Member highlights an important issue for his constituency that points to the failure in this space. I am not disagreeing, but I think we have to recognise that these rights come to the fore because of that failure, not the other way around. We really need to focus on that in our planning policies. We need to communicate with the community, work with them to understand their needs and make sure that those needs are being adequately met. We should not hold it against communities that have bought their own land; we should work with them to ensure they can go through the planning process adequately for their community needs and family needs.
We also need better integration within communities of amenities and services, and we need to end the criminalisation. To do that, we need to challenge anti-GRT attitudes and the lurid headlines that drive them. That would be a good start to ensuring that the planning system works for the community. I do not disagree with the idea that the planning system is broken, but I think there is certainly a better way into the conversation that starts with an understanding of all our communities, not just one or the other.
Christine Jardine (Edinburgh West) (LD)
It is a pleasure to serve under your chairmanship, Dame Siobhain. Sadly, this is an issue that creates perennial problems up and down the country; we never seem able to fix it. In my previous career as a journalist, I very often had to travel to areas where there was tension between local residents and Traveller groups, because the groups were established in a site that was inappropriate, was not legally designated and did not have planning permission. The local residents felt that it was not appropriate, that their lives were being disturbed, and that the behaviour was not what they were used to and they did not like it.
It still happens. Only this summer, we had an issue in my constituency with a Travelling community who parked close to a local community centre. That caused a great deal of concern in the local community, and it caused tension. It was unfair to both: it was unfair to the Travellers, because there was no designated site nearby—there is an insufficiency of such sites up and down the country—and the local residents had to put up with behaviour that made them extremely unhappy and caused them distress. It was the Travellers’ way of life, which they did not understand. That is not good enough. Neither community is right; neither community is wrong. I feel that they often blame politicians for failing to grasp the problem. Frankly, I think they have a point: we do fail to grasp the problem.
As the hon. Member for Thirsk and Malton (Kevin Hollinrake) mentioned, the Equality and Human Rights Commission has recognised Gypsy and Irish Traveller communities as a distinct ethnic group, protected under the Equality Act 2010. But here we are in 2024 and nothing seems to have changed, so is it enough?
A part of me does not blame communities for being distressed or Travellers for being frustrated, because it seems like a hot potato that is just that fraction too hot to grasp; we would much rather just push it to one side. What that means is that nothing gets done until, as in my constituency this summer, there are problems and tensions. There were complaints about how animals were being treated, about human waste, about fly-tipping and about illegal parking, and then action was taken, but nothing was done beforehand. That should not be the case.
There is a problem with the alternative designated sites. The only option seems to be to wait, which is not good enough. In Scotland there is no specific legislation that protects people’s ability and right to live a travelling lifestyle. Yes, local authorities have powers to move communities on, but only when they have parked somewhere without the consent of the owner, under the Trespass (Scotland) Act 1865, the Refuse Disposal (Amenity) Act 1978, the Road Traffic Act 1988 or the Criminal Justice Act 2003. However, there is no specific legislative framework and no specific planning permission framework that enables communities in particular areas to feel that their rights and way of life will be protected, or that enables Travellers to feel that their way of life is protected, as it is supposed to be under the Equality Act.
What is the solution? I have heard about the problems in England; they are slightly different in Scotland. In England, as I understand it, councils have to identify sites, but there are no consequences for them if they do not. I believe we need concerted action by the Governments in Holyrood, where appropriate, and in Westminster to ensure that local authorities have the resources, the backing and the legislative framework to provide a network of suitable legally designated sites across the UK with facilities in appropriate places, for the Travelling community to live the lifestyle that is protected under legislation, and for local residents to feel that they are protected from Travellers arriving and parking in an inappropriate place because there is no alternative.
It is time we stopped beating about the bush. We need to stop saying, “We won’t deal with it just now; we’ll deal with it next summer.” The first time I covered this story as a journalist was more than 30 years ago now, but very little has changed. Neither community feel in any way that the situation has been improved for them. It is time our Governments acted to do something about it.
John Slinger (Rugby) (Lab)
I congratulate the hon. Member for Thirsk and Malton (Kevin Hollinrake) on securing this important debate. He spoke about a two-tier society. He spoke about one law for all of us. He spoke about being “on their side”—the side of the law-abiding community. I seek a one-tier society, frankly. I represent all citizens, as we all do in this House.
I declare my interest: I serve on Rugby borough council. All citizens, including the Gypsy, Roma and Traveller community, have an equal right to their housing needs being met; I have had that confirmed by officers, and I think we are all aware of that fact. Their right is equal to that of every other group within society—every other citizen. We should reflect on that.
I want to reflect briefly on a case that I was involved in, and it talks to some of the issues that have been raised by other hon. Members in this debate. Six applications relating to a site in my constituency came before the planning committee, which I served on. They were rejected, but the context is critical. Rugby borough council had not met its obligation to provide sufficient pitches for the Gypsy, Roma and Traveller community. They have a statutory obligation to do the surveys and ultimately to provide those pitches. They have failed to do that over many, many years.
They have tried calls for sites, as I am sure colleagues will be aware of, and those resulted in no sites being offered by local landowners. As I said, applications then come in. The hon. Member for Thirsk and Malton referred to the case in his constituency. I appreciate that he said that proper sites are available and I accept that point, but in this case there were not.
Inevitably, the local community was very exercised and angry about these applications. The then Conservative-run local council, which had a majority on the planning committee, rejected those applications. I would argue that the rights of those citizens were not respected by that decision. Their rights to housing were not respected, and their additional rights, which have been referred to by other Members, were also not met. In a sense, they became second-class citizens.
Local authorities, such as the one I still serve on, need to be strongly encouraged—required, even—finally to provide the proper sites that the Gypsy, Roma and Traveller community need. I would be very interested to hear the views of my hon. Friend the Minister on this. Those sites need to be near amenities and services for education, transport and so on. Those need to be provided because if they are not, the situations that I experienced as a member of that planning committee, and that the hon. Member for Thirsk and Malton experienced, will reoccur, and the two communities will be in a continual state of conflict, which is bad for everybody.
Finally, let us listen to the Gypsy, Roma and Traveller community and do things in accordance with their needs. Let us not just do things to them—almost as if they were people who can just be dumped in particular sites because of the inconvenience of providing them with proper facilities and places to live—but treat them with dignity. Let us also listen to the settled community, whose needs and views are important as well, and do everything we can to bring communities together. But that simply will not be possible until local authorities, backed—I hope—by the Government, provide pitches and places where the GRT community can live with dignity and as equals within the communities that we, as Members, represent.
Bradley Thomas (Bromsgrove) (Con)
It is a pleasure to serve with you in the Chair, Dame Siobhain. I thank my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for securing this important debate. We need a planning system that respects the rights of the Traveller community but also provides local authorities with the power to support good development, while being able to enforce their planning policy. When I served as a district councillor for 10 years and leader of a district council for five years, I saw the difficulties in securing adequate sites and integrating Traveller communities in areas where they were looking to settle.
I welcome the steps the previous Government took to strengthen the planning system, including passing the Levelling-up and Regeneration Act 2023, which extended the period during which enforcement action can be taken against unauthorised development to 10 years in all cases. I also commend the last Government for bringing in the Police, Crime, Sentencing and Courts Act 2022, which strengthens powers available to the police to tackle unauthorised encampments that cause damage, destruction or distress.
As my hon. Friend outlined, there are many examples across the country where the careful balance between Travellers, local communities and the environment appears to be incorrect. As a Member of Parliament, I do not intend to comment on routine planning applications as they are a matter for Bromsgrove district council. However, there is an ongoing case in my constituency that perfectly highlights many of the challenges associated with planning applications for Traveller sites. Travellers bought land and moved on to a rural greenfield site that had long been designated as amenity land, then retrospectively applied for planning permission. The local community are against the proposal and nearby parish councils have raised serious concerns about the suitability of the site, including poor and dangerous road access, loss of biodiversity, and a significant impact on a long-standing public right of way that runs through the land, where local residents are being harassed with antisocial behaviour and are unable to follow their usual route.
More importantly, and to the considerable worry of my constituents, in recent months there has been a large upswing in rural crime. That started in a minor fashion with the theft of chickens from a farm and we have seen theft of items from gardens, a massive surge in general antisocial behaviour and abuse of local residents, as well as the emergence of some much more significant elements of crime. As a result, I have engaged with local police and residents to try to tackle that specific issue, but of course the nub of the issue comes back to the fact that a piece of land was bought and a change of use application submitted, and residents are concerned that the system and public agencies often pass the buck.
This case has been stuck in the planning process for many months now, and the delay in any decision is causing significant further uncertainty and the emergence of community tension. It is clear to me that the system as it currently stands is not working for any of the parties involved, but that is in this specific case. I want to put on the record that I know there are thousands of Traveller communities across the country who are law abiding; they want to identify plots of land that they can occupy with their families and wider communities and where they want to integrate into the areas they are looking to settle.
I was elected on a mandate to protect the green belt across Bromsgrove, and my constituency was formerly 89% green belt. I am deeply concerned about the prospect of losing that green belt, which gives Bromsgrove its rural identity, including in greenfield sites of the kind I have already described. I fail to see how permitting unplanned Traveller sites on the green belt will do anything to protect the identity and cohesion of the rural communities that exist there. It has already been noted by hon. Members that the sites are often far away from local services, become car-dependent settlements, and suffer from a lack of footways and nearby schools. One important topic, which I saw during my tenure as leader of Wychavon district council, is that many of the Traveller families have children that need to go to school and they want their children to be able to go to school, but there is often a lack of local provision already, which puts an unsustainable strain on services and local amenities across our communities.
Those problems isolate communities, which are already remote from the services they access and may have a different social or economic identity relative to the areas they are looking to settle. That is all exacerbated by the broken planning system, which needs to work better with local police and other services to allow for a coherent public response, rather than having, as it seems to residents and as I have already mentioned, different public agencies passing the buck between each other, with no one able to get clear answers on where the responsibility lies for tackling the pressures that arise from the emergence of Traveller sites. Those sites are often outside of the conventional planning process where sites are identified, and problems emerge when new sites are bought and a retrospective planning application is put in.
The current regulations around the sites do not seem to support a culture in which permission is sought. Instead, quite often the culture appears to be one in which an action is taken and the sentiment is more of forgiveness being sought, rather than going through the usual process that the vast majority of law-abiding citizens follow—one in which we do our due diligence, put in a planning application, allow for communities and those affected to submit their comments in the usual way and go through the proper planning process. That is what frustrates my constituents the most. They go about their lives in a law-abiding fashion: if they want to put an extension on their property, they will apply for planning permission in the usual way, if it is not subject to permitted development already. There is a general feeling that a small number of Traveller communities—I stress “small number”—appear to ride roughshod over the system. That is not just to the detriment of affected communities: it really undermines the integrity of the planning system as a whole.
The planning system needs to work better across the board and with public agencies. We need to have a much more joined-up response to how we tackle this issue, particularly the impact of antisocial behaviour and rural crime. Residents and developers must work carefully within green-belt policy in the same way that Traveller communities must. We must get away from this perception that, whether it is because of a retrospective application, just a general disregard for planning policy or even, more broadly, a disregard for the law, people are able to queue jump while providing some of the worst forms of development. I sincerely hope that as the Government review planning policy over the coming months, they will look closely at all these issues and ensure we have a system that promotes good development in the interests of not just existing communities, but those Traveller communities looking to integrate and settle into our existing and quite often rural communities.
Sarah Dyke (Glastonbury and Somerton) (LD)
It is a pleasure to serve under you in the Chair, Dame Siobhain. I thank the hon. Member for Thirsk and Malton (Kevin Hollinrake) for bringing forward this important debate. I have also listened carefully to the other hon. Members who have spoken today, and I appreciate that in some cases there is a misuse of planning. It is clear that we need the system to work better to tackle those attitudes.
I appreciate what the hon. Member for Sheffield Hallam (Olivia Blake) said, in that this is often seen as a difficult matter to deal with. But that should not be the case, and we need to ensure that sites are put in the right place to avoid segregation and isolation. My hon. Friend the Member for Edinburgh West (Christine Jardine) spoke passionately about how we have simply not progressed. Neither community feels represented, and we must seek to change that. The hon. Member for Rugby (John Slinger) spoke about the risk of the GRT community becoming second-class citizens and the need to find appropriate sites to stop the reoccurrence of conflicts. Let us engage with and listen to the GRT community and treat them with respect and dignity. The hon. Member for Bromsgrove (Bradley Thomas) raised his concerns, which I think we all share, about agencies passing the buck and the emergence of tensions.
In the space of a month, I have received correspondence about illegal Traveller sites from concerned constituents in Wincanton and Glastonbury, towns that are at the opposite ends of my constituency. The complaints are a symptom of the fact that Somerset, like most counties in the country, is facing huge challenges in properly supporting our GRT community. Friends, Families and Travellers, a national charity, received a response to its engagement campaign this summer which called for an increase in
“site provision for nomadic people, transient and permanent.”
I do not know if that respondent lives in Somerset but I would not be surprised if they did. Somerset has no transit provisions—none at all.
Members of the Gypsy and Traveller community, like all of us, have to travel across the country to attend funerals and weddings and to see family, but because we have no transit sites, and therefore nowhere for them to legally stay for short periods, the only way they can stop when passing through our sizeable county of Somerset is in the form of an unauthorised encampment. We only need to look at my casework to see that such encampments inflame tensions between my constituents and Travellers—some of whom are, of course, my constituents—and reinforce dangerous stereotypes.
With 91% of English local authorities having some form of GRT presence, we are unfortunately not alone in that, so it is alarming to see the trend growing nationally, either because local authorities are selling off sites or because they simply cannot afford to maintain them. I worry that we could soon find ourselves with huge distances between transit sites, which would make it impossible for Travellers to legally travel. That also harms our relationship with the GRT community, because then the only response that local authorities are left with is enforcement.
Not only do we need more transit sites; we need permanent pitches where members of the GRT community can stay longer than just three months. There are well-known, documented and dangerous knock-on effects of not providing the community with stability. While the community is naturally transient, it needs access to a permanent base. Without a permanent pitch or a brick and mortar address, it can be a struggle to access mental health support and GP appointments, which forces more people to use our overburdened accident and emergency services to access healthcare. It is tragic, but not surprising, that life expectancy for members of the GRT community is 10 to 25 years lower than for the general population and that the suicide rate for Traveller men is seven times higher than for settled men. We also know about the reduced attainment rates for those in education, with only 18% in GRT communities meeting the expected standard in their SATs last year.
Councils could avoid huge additional costs if they did not have to waste officer time dealing with complaints and cleaning up encampments. The case for providing permanent pitches is clear, and local authorities have a quota for delivering Traveller provision, but there is nowhere for them to obtain funding. Funding has recently taken the form of ad hoc grants that are too small and oversubscribed. If we expect local authorities to be able to maintain a constant and consistent number of sites, we must provide them with consistent and adequate funding. The Liberal Democrat manifesto pledged to ensure that all development has appropriate infrastructure, services and amenities in place, by integrating infrastructure and public service delivery into the planning process. This should also include the development of permanent pitches.
I was recently elected vice-chair of the all-party parliamentary group on Gypsies, Travellers and Roma, which wrote to the then Government in the last Parliament to urge them to increase site provision. That Government failed to deliver sites, but the new Government could. The Liberal Democrats have a strong record of supporting the GRT community, but we want to work with colleagues to bring about an end to these systemic problems.
Kevin Hollinrake
The hon. Lady is making a very valid and interesting point, but she seems to think that it was central Government’s responsibility to provide Traveller sites—I think that is what she said.
Kevin Hollinrake
Okay, I have misunderstood. Perhaps she will clarify that she accepts that it is the local planning authority’s responsibility to provide these sites.
Sarah Dyke
I thank the hon. Gentleman for his intervention; he misunderstands. I am fully aware that it is local authorities that provide Traveller sites, but the funding is not there for them to provide it. That is my case. As we know, over and over again, many local authorities find themselves on the brink. They are under such pressure at the moment. The crucial point is that they are unable to provide the resources within their remit. That is what was lacking in the last Parliament, and that is what we need to see from this new Government, to ensure that local authorities have the resources and the capabilities they need to provide sites for our Traveller community.
It was confirmed in the King’s Speech that this Government intend to reform our planning system. When they do so, they must not treat Gypsy and Traveller provision as an afterthought to bricks and mortar housing. Looking after this community is a housing requirement, not an add-on that can be addressed when there is more time and money. I would like the Government to introduce a statutory duty to provide sites, along with proper funding measures. With a reasonable approach to location and funding, this could be the single most transformative measure for Gypsies and Travellers in England. Our planning regulations and guidance are not fit to serve the community. The guidance dictates what local authorities need to deliver on a site, but it is not properly delivering that provision, which leads to the GRT community being viewed negatively and the community feeling less safe. The Government should make updating those documents a priority.
Finally, not all these problems can be solved with reforms or increased funding. The narrative from the previous Government was not constructive and made it challenging for local authorities to build meaningful dialogue. Over the last decade, Somerset and much of the rest of the country has seen a reduction in publicly owned sites, fewer community liaison officer roles in local authorities, a lack of new private sites, an increase in unauthorised encampments, a reduction in funding for site development, and political inertia slowing down pitch development. We need this new Government to provide real leadership and ensure that the needs of the Gypsy, Roma and Traveller community are met. We should engage with and treat our Gypsy, Roma and Traveller community with respect and dignity, and provide them with the sites they need to live their lives.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
It is a pleasure to serve under your chairmanship, Dame Siobhain. I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on securing the debate. The contributions of all hon. Members have helped to illustrate both the complexity of this issue and its importance at community level.
Every local authority has a quasi-judicial role as a planning authority, in that it has to follow planning law and the relevant statutes, and my hon. Friend and other hon. Members have called for everyone to be treated equally before the law for the purposes of the planning process. That is clearly a complex challenge for our local authorities, which also have various statutory duties as housing providers. When considering an application, the local authority has to ensure that planning law is fully upheld, but it also has a role in designating sites on which Traveller pitches and other development may take place. Most of us will have experience of that matter—the situation at Jackets Lane in my constituency is almost identical to that described by my hon. Friend. Like many Members, I am fortunate to have two local authorities with full housing revenue account, local authority-maintained Traveller pitches, as well as privately designated sites.
However, it is understandable that, for the reasons outlined by my hon. Friend the Member for Bromsgrove (Bradley Thomas)—I have experienced this in my own home—the sites can cause a great deal of community concern, given some aspects of the behaviour of individuals associated them. We cannot simply say that the Gypsy, Roma and Traveller community is one community. In my constituency, there are settled Travellers, who have chosen to occupy a bricks and mortar home and may require family members who are travelling to be able to stay close to them at certain times of year. There are people with much more ancient lifestyles, particularly among some of the Roma and traditional Gypsy community, whose requirements are very different. All our local authorities need to be flexible, and communities need to be aware of those distinctions, so that the responses that we put in place are appropriate.
We all accept that provision will be inadequate for some individuals, and that there may not be a spot on a local authority-provided site when they arrive. Indeed, the behaviour of some, who may not even be UK residents but who can arrive in large numbers and undertake unlawful and illegal incursions, can significantly affect the reputation of other members of the Gypsy, Roma and Traveller community.
My hon. Friend the Member for Thirsk and Malton asked an important question in the context of parliamentary proceedings: how can something that is either unlawful or, in some cases, specifically illegal in planning law be rendered lawful by other considerations? If a property developer were to purchase the field and seek to build a mansion, there would be rigorous enforcement against them. If a developer sought to build family homes, or a care home, there would be rigorous enforcement against them. Why is it, therefore, that other elements of our law allow one individual to bypass the statutory planning process and rules, especially when the site may subsequently be sold to another occupier? How can we ensure that those elements do not create a back door to flouting the planning rules? I have personal experience of a developer who cited diplomatic immunity as a reason why the local authority could not carry out enforcement action against structures built on agricultural land.
Given the enormous remediation costs associated with abuses of the planning process, it is not surprising that many local authorities are extremely concerned, as my hon. Friend the Member for Bromsgrove, with his experience as a local authority leader, described. We can all think of examples. A site may be used for housing development after illegal occupation, or it may, for example, be used for waste disposal. Buckinghamshire council, on the border of my constituency, was faced with having to clean up a site that a group of Travellers had purchased from a farmer and then used to dispose of asbestos and hazardous waste, which was removed at enormous cost—a multimillion-pound cost—to the taxpayer.
In all such cases, there is a common issue: the local authority’s inability to use swift and robust enforcement powers. As my hon. Friend the Member for Thirsk and Malton said, once a site is occupied and the use becomes established, it is very difficult to change that in the way the community would expect. During the recent general election campaign, I delivered leaflets to properties that formed part of an illegal encampment— because those individuals had been there for so long, they were on the electoral roll. Other residents in the community asked, “How is it that all these processes that are designed to make sure everyone follows the law can come together in a way that enables those rules to be flouted?”
On behalf of the official Opposition, I extend an offer to the Minister, who has taken an incredibly constructive approach to all the issues in his portfolio. Members on both sides of this debate have made constructive contributions and have set out ideas about how we can more effectively address the broad sweep of concerns that arise from this issue. My constituents are affected by an unauthorised encampment in the Hog’s Back, and have expressed great frustration that the local authority planning notice that applies to the site has effectively been bypassed as the individuals have moved to another part of the site. Those kinds of things understandably create a public backlash, as people feel that the law is not working effectively and is not on their side.
It is one thing for local authorities to have to resort to section 61 of the Criminal Justice and Public Order Act 1994 to deal with illegal and unauthorised encampments that are causing a nuisance, but activity that can become established through the passage of time needs to be dealt with differently. I suggest to the Minister that, as we work together on that, we should also consider the operation of things such as the planning conditions that apply in national parks. My hon. Friend has the North Yorkshire Moors and the Yorkshire Dales national parks near his constituency. It is common to apply to national parks specific planning conditions that do not operate in other areas, such as conditions around the occupation of new homes by agricultural workers. Again, that provides scope for abuse of the planning system. For example, a developer could build a property purportedly for agricultural worker use and then say they wish to convert it to a holiday let or an extended family home.
There is also the wider issue of ancillary uses, which my hon. Friend referred to. When a piece of land is in the green belt, perhaps with agricultural designation, there are always opportunities for a prospective applicant to say that they need a barn for their farming business or a sports pavilion because they hope to use the land for sporting activity. That potentially enables a property footprint to be established. In planning terms, conversion of that—legalisation of the occupation—follows later, to the dismay of local residents, who then question the effectiveness of the planning system. The scope for the use to become established and the property to be sold on for profit in a way that is not available to developers who seek to work within the system remains a significant cause for concern.
I thank all Members who have contributed to this balanced debate, which has highlighted many angles to the way in which this policy interacts with Gypsy, Roma and Traveller and settled communities. I urge the Minister to make the best use possible of the expertise of Members across the House and ensure that, as we move to update planning law, we have effective enforcement powers in place so that all our residents—all our constituents—have confidence that they will be treated equally before the law in the way that Parliament expects.
The Minister for Housing and Planning (Matthew Pennycook)
It is a pleasure to serve with you in the Chair, Dame Siobhain. I formally congratulate you on your honour—I have not had the chance to do so yet.
I congratulate the hon. Member for Thirsk and Malton (Kevin Hollinrake) on securing this important debate and thank him for the characteristic clarity with which he made his case. I also thank the hon. Members for Edinburgh West (Christine Jardine), for Glastonbury and Somerton (Sarah Dyke) and for Bromsgrove (Bradley Thomas), and my hon. Friends the Members for Sheffield Hallam (Olivia Blake) and for Rugby (John Slinger) for their contributions. Lastly, I thank the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), for his thoughtful remarks, and warmly welcome him to his place. I will certainly take away the specific points that he raised. More widely, I look forward to working with him, as he said, on a constructive basis wherever possible.
I must make it clear at the outset that, while I noted the specific case that the hon. Member for Thirsk and Malton raised—and indeed other cases that have been raised today—I hope that hon. Members will appreciate that I am unable to comment on individual plans or applications due to the quasi-judicial nature of the planning process and the potential decision-making role of the Deputy Prime Minister. I therefore propose to make some general comments about national planning policy as it relates to Traveller sites and specifically the role of local planning authorities, including in respect of enforcement, within that national framework, thereby addressing many of the points that have been raised today, while recognising that this is an incredibly complex area of policy and law, particularly as it relates to individual cases.
Turning first to national planning policy, the Government’s approach to Traveller site provision is set out in the planning policy for Traveller sites policy paper, which should be read in conjunction with the national planning policy framework and has the same policy status as it.
My hon. Friend the Member for Sheffield Hallam, and others, raised a number of wider issues outside the subject of this debate, but I reassure her that the Government’s overarching aim is to meet the housing and accommodation needs of all communities in our society, and that we are committed to ensuring fair and equal treatment for Travellers in a way that facilitates their traditional and nomadic way of life, while respecting the interests of the settled community.
The policy paper in question makes clear that local planning authorities should set pitch targets for Gypsies and Travellers to address the accommodation needs of Traveller communities within their area. Specifically on the points made around human rights law, that is often engaged when a proposed development is closely linked to a particular person’s interests. In the case of Gypsy and Traveller developments, the right to respect for private and family life under the European convention on human rights, and in relation to the rights of the child, under the Children Act 1989 and the UN convention on the rights of the child, are often engaged. However, such considerations can be addressed by planning adequately for Traveller pitches to meet needs, and that is ultimately through the local plan process.
I think that that touches on a wider issue. In respect of the community that the hon. Member for Thirsk and Malton represents, for example, the North Yorkshire emerging local plan is in its very early stages. We need to see local plans across the country come forward in short order. We want to achieve universal coverage, but we need to see those plans progress because they are the best way that local communities can shape developments in their areas.
I noted the points made by the hon. Member for Glastonbury and Somerton on funding, and by my hon. Friend the Member for Rugby regarding the concern, which I do recognise, that local planning authorities do not face sufficient consequences for failing to adequately plan for those pitches. That is a concern raised in other areas, and, typically, as I am sure my hon. Friend will know, the penalty for not having a local plan in place—for not adequately providing for sites—is that a local authority will leave itself open to speculative development or retrospective applications. However, I appreciate that that does not address the specific challenges covered in this debate in the way that it does with more conventional planning applications.
The policy paper also states that local planning authorities should consider the existing level of and local need for sites, and the availability of alternative accommodation, among other relevant matters, when considering planning applications for Traveller sites.
I appreciate that the specific case that the hon. Member for Thirsk and Malton raised did not concern a green-belt site—as far as I understand it—but hon. Members may find it useful if I provide some detail on the proposals that we have set out in relation to Traveller sites as part of our proposed reforms to the national planning policy framework and other changes to the planning system.
As hon. Members are aware, we are consulting on a range of policy changes to ensure that our planning system is fit for purpose, supports the right development in the right places, and is able to deliver on the Government’s growth agenda. They include changes to green-belt policy to enable the targeted release of low-quality grey-belt land to meet unmet housing and other development needs. Those policy proposals will not compromise our environmental objectives or undermine the overall function and purpose of the green belt, but will support opportunities for development in areas of highest need and deliver tangible benefits to local communities and nature through our golden rules.
We intend that the proposals will address unmet need for Traveller sites and we are seeking views, through the consultation, on how the policy will operate. To be clear, that is a departure from the current policy position on the green belt set out in both the NPPF and the planning policy for Traveller sites policy paper, but we believe that it better supports the development needs of our communities and contributes to sustainable growth.
However, we will consider all these matters carefully and will finalise our position after considering the consultation responses and following targeted engagement with the key stakeholders, including specialist planning consultants, charities representing the interests of the Traveller community and professionals working in this space.
As part of wider changes to national planning policy, we will also consider how planning policy for Traveller sites should be set out in the future, including which aspects need to form part of the suite of proposals for national development management policies introduced in the Levelling-up and Regeneration Act 2023.
I now turn to the role of local planning authorities. Although the Government are responsible for setting the legislative and policy framework within which the planning system operates, including the national planning policy framework and the planning policy document for Traveller sites, it is for local planning authorities, who know their communities best, to prepare local development plans and make decisions in accordance with such adopted plans unless material considerations indicate otherwise.
I hope hon. Members appreciate that when it comes to police enforcement of unauthorised encampments, that is a matter for the Home Office and not for the Ministry of Housing, Communities and Local Government. However, I can certainly pass back some of the concerns and the comments made to my colleagues in the Home Office.
When it comes to enforcement more generally, local planning authorities have a wide range of powers, with strong penalties for non-compliance. As the hon. Member for Bromsgrove mentioned, these powers were strengthened by reforms introduced in the 2023 Act, which were implemented earlier this year. Those reforms included longer time limits for enforcement action, and action to address a loophole with retrospective development, so that there is only one opportunity to appeal.
On the basis of the available powers, it is for local authorities to decide what action, if any, to take, depending on the particular circumstances of each case. That would include intentional unauthorised development, which would be weighed by decision makers in the determination of planning applications and appeals, as I recall the hon. Member for Thirsk and Malton mentioning. Ultimately, however, it is for individual local planning authorities to determine what weight they should afford to a relevant consideration based on the circumstances of a particular case, rather than Government mandating them to follow a particular course of action.
Kevin Hollinrake
I support potential revisions to enforcement powers to give perfect clarity about how enforcement can happen in these circumstances. However, I want to touch on the Minister’s last point about intentional unauthorised development. Currently, that is dealt with as part of planning law, through a ministerial statement, rather than being formally in the NPPF—nevertheless, that does apply. Is he happy to maintain that situation, or will he look at that again? It is very important that that does form part of planning policy. Otherwise, planning authorities would have even fewer levers at their disposal to make sure that this kind of development does not happen. The problem is not planning policy; it is people who subvert the policy through other devices.
Matthew Pennycook
I thank the hon. Member for that point. To answer him directly, on national development management policies, which I mentioned, we stated in the NPPF consultation—which is still open and closes on 24 September—that we were committed to creating NDMPs to provide more certainty and consistency about decision making in a range of areas. As part of that, we will look at all existing national policies, including the policy in relation to unintentional authorised development, as set out in the 2015 written ministerial statement.
I hope that gives the hon. Member some reassurance that as part of bringing in those NDMPs, we are looking at that particular issue, which I do understand. Those NDMPs will have to consulted on, so hon. Members from all parties will have an opportunity to feed in their thoughts about whether we have got the policy right in any particular area.
I thank the hon. Member again for giving the House an opportunity to discuss these matters, and I thank other hon. Members for taking part in the debate. I genuinely welcome and look forward to further engagement on this issue with Members across the House. In the interim, I encourage all hon. Members with an interest in how national planning policy relates to Travellers to respond to the consultation on a revised NPPF before the deadline of 24 September.
Kevin Hollinrake
I thank the Front Benchers for their excellent contributions. The tone of the debate was generally very constructive. I think we are all on the same page in terms of local planning authorities having to fulfil their requirement to make sure that suitable provision is made for people who live different and nomadic lifestyles. I thank the hon. Members for Sheffield Hallam (Olivia Blake), for Rugby (John Slinger) and for Edinburgh West (Christine Jardine) for their points.
My hon. Friend the Member for Bromsgrove (Bradley Thomas) touched on the key point: we cannot have a planning system where it is easier to apologise than to ask permission. If that is the case, it creates chaos in the system. Everybody can play by those rules, and there will be chaos in terms of planning applications and wider society. It undermines faith in the system. That is the point I want to make. Whatever the protected characteristics of certain communities, it cannot be the case that in our society there is one law for one and another for another. That feeds the perception that we operate a two-tier society, and that cannot be right. It undermines the entire system.
I hope that the Minister will look at two things. As the shadow Minister, my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) rightly said, we should continue to look at bolstering enforcement powers. I also make it crystal clear that the recommendation for the planning application I mentioned was for approval despite the fact that the written ministerial statement from February 2019 said that intentional unauthorised development should be a material consideration in a planning application. Nevertheless, the planning officers recommended approval, which I think was totally wrong. I congratulate the planning committee who still rejected the application, but that might well go to appeal. I welcome the fact that the Minister is going to look at the full context of this. I hope he will make it even clearer in planning policy that somebody who is guilty of intentional unauthorised development will never be given consent for their application when there is such a clear abuse of process, and that that will not be tolerated.
Question put and agreed to.
Resolved,
That this House has considered the adequacy of planning policy for Traveller sites.