Gypsy and Traveller Planning

Rehman Chishti Excerpts

Wednesday 13th July 2011 Westminster Hall

[Priti Patel (Witham) (Con)]

It is a pleasure to see you in the Chair, Mr Weir. I am delighted that Mr Speaker has granted this debate, and I am thrilled to see so many colleagues here who clearly have a similar interest in the subject. That demonstrates the extent of the significant problems with the issue across the country.

It has been seven months since the debate on 7 December about Gypsy and Traveller sites. Given the Government’s decision to extend until August the consultation on the proposed new planning circulars on Traveller sites, this is an opportune moment to discuss the matter directly with the Minister—I am grateful for his time.

The issue has taken on additional importance in the county of Essex after the decision to evict the occupants of Dale farm, a large site in Basildon. The decision could have a knock-on effect as those evicted seek places to live in other parts of Essex, and probably across the east of England. This is likely to be the last opportunity to debate the matter in Parliament before the consultation period ends, so I know that the Minister will listen closely to the views expressed and the representations made today.

I have a constituency interest in the subject. During the past 14 months, I have heard about several cases of significant concern about the planning system for Gypsy and Traveller sites. Those cases have involved the Planning Inspectorate overturning the decisions of local authorities and granting permission for unauthorised sites. Although I appreciate that those incidents were caused by the inadequate planning system that was inherited from the previous Labour Government—a system that epitomised their culture of top-down targets, particularly through the infamous planning circulars 01/06 and 04/07—this is an opportunity to get it right. People throughout the country have put their faith in the Government to rebalance the planning system through the localism agenda, and it is imperative that the Government do not let them down, so they must take prompt and significant action.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate my hon. Friend on securing the debate. On her point about the top-down culture, the Medway local authority was faced with a regional body saying that we had to take an extortionate quota of Gypsy and Traveller sites, which was completely wrong. I urge the Minister to take on board the fact that it is absolutely right and proper for residents and local authorities to be able to determine need where it arises, rather than having a quota imposed on them.

[Priti Patel]

I agree absolutely with my hon. Friend. I will mention some local examples before I move to the substantial points to which I would like to draw the Minister’s attention.

The Minister will be aware from a vast amount of correspondence that I have several such sites in my constituency, including Pattiswick. A few weeks ago, the Planning Inspectorate decided to impose a Gypsy site on Pattiswick retrospectively. The site has been an unauthorised development since last autumn, when the occupants arrived—this might sound familiar to colleagues—over a weekend, which is the time when local authorities are least able to respond. The local community in Pattiswick then came together to press Braintree district council to take action. I pay tribute to the local residents of Pattiswick, who worked hard and rallied a lot of resources to start a good campaign. Dozens of letters were sent by members of the community and a petition was started opposing the development. That petition received widespread support, and in the absence of a planning application, Braintree district council began enforcement proceedings against the occupants of the site.

The case went to the High Court. The council had some success in the Court, but the occupants of the site appealed to the Planning Inspectorate against the original enforcement action. A subsequent hearing with the Planning Inspectorate took place in Braintree during the Whitsun recess. I attended it, and I must say that it was quite an eye opener and an education. Although the occupants had shown absolutely no regard for the planning process, the inspectorate gave them planning permission.

Two reasons were given for the decision. First, the inspectorate claimed that permission had to be granted due to a lack of any suitable alternative sites. It then concluded that unless the occupants continued to live on the site, their human rights would be violated. The inspectorate wrote that the

“dismissal of the appeal would have a disproportionate effect upon the rights of the appellants under Article 8 of the European Convention on Human Rights”,

which deals with the right to a private and family life. According to the inspectorate, requiring the appellants to vacate the site

“would represent a significant interference with their home and family life which…outweighs the limited harm caused by the development in terms of its effect upon the public interest.”

However, it is clear to me that any disruption caused to the occupants by requiring them to leave would be no more than the disruption that they caused themselves when they came and occupied the site in the first place. Such a use of the European convention on human rights is clearly misplaced and wrong.

It is wholly unjust to local residents of Pattiswick that although the Planning Inspectorate gave significant weight to what it felt were the human rights of the occupants, it failed—colleagues will not be surprised to hear this—adequately to consider the rights of the local settled community and the disruption that the incident caused them. Although the council did the right thing in supporting the community through an enforcement action, the planning system ultimately failed the community by favouring people who refused to go through the correct planning process to occupy and develop the site, and who then chose deliberately to play the system and cause maximum cost and disruption to the council and community.

Braintree district council contacted me yesterday, because I asked for the figures on how much the incident cost. The council has racked up considerable costs. Including VAT, the fees for counsel for the High Court injunction came to just under £10,000. The cost of getting the injunction was £20,000, and fees relating to obtaining the breach of stop notice were £14,000. We should not forget that that is hard-pressed taxpayers’ money. Not only did the decision run roughshod over local people’s views, but the costs involved will deter local councils from taking action when other unauthorised Gypsy and Traveller sites appear.