Gypsy and Traveller Policy

Julian Sturdy Excerpts

Tuesday 4th February 2014 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

Thank you, Mrs Riordan, for calling me to speak; it is a privilege to serve under your chairmanship this morning. And I congratulate my hon. Friend the Member for South West Bedfordshire (Andrew Selous) on securing this really important debate.

In my short speech, I wish to raise an issue that is causing many of my constituents deep concern: the siting of Gypsy and Traveller encampments by local authorities. My local authority, York city council, is in the early stages of developing its local plan, and in its first set of draft proposals, which were consulted on last summer, 63 Gypsy and Traveller pitches were suggested. Of those 63 pitches, 41 have been proposed in what I would class as inappropriate countryside locations in small rural communities in my constituency. A further 21 travelling show people pitches have been proposed, again in rural locations on the edge of village settlements.

All the Gypsy, Traveller and show people pitches allocated to proposed sites are on York’s established green belt. The council has promised that the remaining 22 Gypsy and Traveller pitches are to be allocated to “suitable” sites as they emerge during the next 10 years, but the council’s blatant disregard for the green belt gives one little faith about what they class as “suitable” sites. Sadly, when identifying sites the council has actively pursued a “green belt first” policy, rather than the “brownfield first” policy that is explicit in the national planning policy framework. I shall be grateful if the Minister clarifies or reiterates today what I believe to be the current position: that local authorities should pursue a “brownfield first” policy when allocating Gypsy and Traveller sites, and that they should consider publicly owned land before privately owned sites.

Disappointingly, in York the council appears to have used the willingness of the landowner as the only criterion for designating sites, much to the detriment of my constituents and the affected communities. Countless constituents have contacted me to express their deep concern about the ability of landowners to use the local planning process to coerce—some might even say “blackmail”—communities into accepting inappropriate housing developments by threatening to put the land forward for Gypsy and Traveller sites. As people can imagine, that does not help anyone involved in this process, from the Travellers themselves to the affected communities.

I will also touch on the question of unmet need for Traveller pitches. There seems to be some confusion among certain local authorities—I am sorry to say that mine falls into that category—about whether unmet need constitutes the “special circumstances” required to place new Traveller sites on the green belt, even when no other option is available. Will the Minister clarify that situation for me? I would also be grateful to learn whether he feels that the “five-year supply” rule on new pitches should apply to Gypsies and Travellers, who are nomadic in their living requirements and whose accommodation needs are likely to fluctuate greatly during the 15-year life of a local plan, as has already been mentioned.

[Gavin Williamson (South Staffordshire) (Con)]

Does my hon. Friend share my concern about how supply is determined? Salford university undertook a study, including in my own constituency, that basically asked the Gypsy and Traveller populations how many pitches they thought they would require during the next 15 to 20 years. Unsurprisingly, the number was very substantial: the Gypsies and Travellers deemed that they needed a 60% increase in the supply of pitches in quite a short period.

[Julian Sturdy]

I entirely agree with my hon. Friend. In fact, he might have been reading my speech, because I will touch on that important issue when I talk about how local authorities have assessed future needs.

As we all know, under the national planning policy framework local authorities have sole responsibility for assessing the accommodation needs of Gypsies and Travellers in their area. I am not saying that it is an easy task—far from it; it is very difficult. However, I am concerned that there are insufficient checks and balances in place to ensure that these assessments are being carried out in an objective and proportionate manner.

As I said, York city council has assessed that it requires more than 80 pitches for Gypsies, Travellers and show people during the 15-year life cycle of its local plan, but when my constituents and I reviewed the figures and the methodology used for identifying that specific need, we found some disturbing inaccuracies and errors, which suggests the council is proposing to provide for well above the “appropriate level of supply” required. The council based much of its background research on the 2008 North Yorkshire accommodation assessment. The report identifies that York has a shortfall of 36 pitches, which the council astutely picked up on in its own assessment, but that 2008 document also states that the number of households moving off sites and into bricks and mortar housing has vastly outstripped the projected need from concealed Gypsy and Traveller households. It concluded that the trend in York was of declining need, with the total number of additional pitches required between 2008 and 2015 having gone into negative figures, standing at minus 17—an important fact that was strangely absent from the council’s own assessment. Under huge protest, the council is now revisiting its assessment process.

The 18 concealed households that city of York council included in its assessment included Gypsies and Travellers who are currently accommodated in bricks and mortar housing but wish to be on local authority-run Travellers’ sites. Will the Minister clarify the definitions attached to Gypsies and Travellers? I strongly believe that, as my hon. Friend the Member for South West Bedfordshire so eloquently stated, those who reside in bricks and mortar housing and have done so for some time should not be taken into account by local authorities when assessing Traveller pitch requirements, regardless of whether they would like to be back on a pitch.

[Andrew George]

The hon. Gentleman makes an interesting point. That is clearly the nub of how local authorities have assessed needs. I do not know about his local circumstances, but is he aware of any local authority or official site of pitches that is underutilised? How does he explain the many examples of unlawful pitch sites? Traveller people have no other alternative, because there are not sufficient lawful sites available.

[Julian Sturdy]

The hon. Gentleman makes a good point. I can only speak from my experience of my local authority and constituency. There is underuse on privately run pitches in my local authority area and we see few, if any, illegal encampments in the city of York. There are illegal encampments in neighbouring local authority areas, but none specifically in the York council area.

It would be sensible—this also applies to the point that I have just picked up on—of the Government to do more to encourage neighbouring local authorities to work together to carry out accurate assessments of Gypsy and Traveller needs, to ensure they are appropriately accommodated and that the responsibility for doing so is apportioned fairly. York, for example, is behind many other neighbouring local authorities in the local plan-making process. That has served to highlight the disparity between the needs assessments, with the council committing itself to far more pitches than any of its neighbours. I fear that that is because it is including the unmet need of surrounding local authorities in its own assessment.

I have a lot of respect for the Minister and the work he is doing on this issue, and I look forward to hearing his comments on the points raised in the debate. On the whole, I feel that much greater clarity is required about both the appropriate siting of Traveller pitches and the assessments of Gypsy and Traveller accommodation needs. That would provide much-needed transparency in a complex area of law and would prevent local authorities, such as city of York council, from the irresponsible and complacent conduct that has, sadly, caused my constituents so much distress.