Gypsies and Travellers
Debate between James Heappey and Andrew Selous
Andrew Selous
I thank my hon. Friend; I will deal with those issues shortly.
I do not have time in this debate to outline every policy suggestion that Central Bedfordshire Council and Bedfordshire police have put to me. I will send the Minister their full submissions and raise the following points now.
The Land Registry is out of date for many Traveller sites, and the owners listed are uncontactable. This makes enforcement very difficult, and we also know there is significant sub-letting of Traveller pitches to non-Travellers. That is one of the reasons why my constituents strongly question whether the Gypsy and Traveller accommodation assessment process is legitimate. How can the Government insist on ever more pitches in an area if many of them are being sub-let to non-Travellers? The Planning Inspectorate even ignores advertisements on “Right Move” for Traveller sites. As I mentioned earlier, many of the caravans sub-let are in a terrible condition. Constituents renting one came to see me to say they had no water and no heating, for example.
The current suite of enforcement powers is designed primarily to deal with breaches among settled residents. The powers available to local authorities in respect of site licensing are intended for Park Home sites and are not fit for purpose when applied to Gypsy and Traveller sites, especially where the land ownership is unknown and there is a mismatch between the planning consent and land ownership, where plot boundaries, land ownership and the planning consent are not configured to a red line on a map.
James Heappey (Wells) (Con)
My hon. Friend is generous with his time. The problem is that these illegal encampments are tolerated on the basis of apparently insufficient provision for Traveller pitches, yet the requirement for those pitches is being dictated entirely by demand in the locality. That demand, as we see in Somerset, seems to be almost never ending. Surely there must be a limit to the hospitality that the community is expected to extend.
Andrew Selous
That is why I want the Government to take a calm and measured review of the whole situation.
More responsive and bespoke enforcement solutions are needed to allow Travellers and settled residents to be treated equally in cases of breaches. Local authorities also need the option of immediate access to and support from the courts as a first line of recourse in dealing with non-compliance. Land ownership underpins the licensing regime, and without clarity and mandatory registration, enforcement is unrealistic. There are, for example, conflicts between the Mobile Homes Act 2013 and “A Best Practice Guide for Local Authorities on Enforcement of the New Site Licensing Regime”. There is a lack of clarity on exemptions that makes enforcement unrealistic.
There is no requirement in the August 2015 DCLG planning policy guidance for Traveller sites for sites to be licensed, which leads to many unlicensed sites being given planning permission. Enforcement powers need to be provided that allow councils to ensure that there are adequate services on site in advance of habitation. Otherwise, we have sites with no sanitation and no water, as currently exist in my constituency. Occupation should be prohibited until these are provided. In the past, I am afraid that ministerial statements have not been aligned with legal decisions, which has created unrealistic expectations. It is also not fair or right that the whole community should have to pay for expensive enforcement activity, which is a discretionary function for which the council cannot levy a fee. There must be a financial penalty for undertaking works without permission. The Planning Inspectorate seems to take decisions without any real understanding of the local context, and the fallout from these decisions places an unreasonable burden on both Travellers and settled residents.