Traveller Sites (Dorset)

Debate between Tobias Ellwood and Lord Stunell

Monday 12th March 2012 Commons Chamber

[Andrew Stunell]

This debate is being conducted in a generosity of spirit that we could perhaps export to other parts of our proceedings at other times.

My hon. Friend the Member for Poole said that he was disappointed that a previous Government had withdrawn funding for the provision of Gypsy and Traveller sites and expressed the view that that had made the situation more difficult. I remind him that this Government have recently announced a grant programme that will enable some 700 Gypsy and Traveller sites to be refurbished and built across England. There is still some money left in the fund, and we are open to receiving bids for the provision of Gypsy and Traveller sites to take advantage of that funding. I understand his point about the added difficulty created by the various planning constraints that arise if it is also thought that significant amounts of money have to be spent, but the Government have responded to that. I appreciate his request for the Government to provide additional encouragement for the three authorities to work together, particularly in the potential co-ordination of police action. I will come to those points in a few minutes.

I want to make it clear that the Government are committed to encouraging sustainable development, and it is extremely important that local authorities plan for the future of their communities, within which there will be Gypsies and Travellers. My hon. Friend will be aware that the Government have taken steps to abolish the regional spatial strategies, and we have published the draft national planning policy framework on which a consultation has concluded and on which a further announcement can be expected shortly. That clearly states that local authorities have a duty to provide a housing supply for residents living in their area, including those within the Gypsy and Traveller community. I welcome the fact that both my hon. Friends said that they recognised the commitment to provide sites.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I apologise for being a bit delayed in joining the debate, which I was expecting to take place at 10 o’clock. It is always a delight to start these debates earlier, particularly today, as it gives us another hour and 15 minutes to debate this subject. [Interruption.] Not in an intervention, I am reminded.

The Minister talked about councils’ obligations to the community. Does he agree that councils also have an obligation to defend and support the green belt, of which they are the custodians for future generations? Three permanent sites inside the green belt have been earmarked for north Bournemouth. This is not against Travellers per se, but against any form of development on the green belt, which is believed to be sacrosanct. Will the Minister endorse the line that councils must be given the duty, responsibility and power to make sure that green belts are protected?

[Andrew Stunell]

I welcome my hon. Friend as another late arrival at the ball tonight. He makes a valid point relating to the consultation that we have carried out on the planning circulars on Gypsies and Travellers. Indeed, he puts his finger on one of the central concerns that led to the initiation of the consultation. I will come on to the next stages of that process in a little while.

There is an obligation on housing authorities to provide for all their residents, including Gypsies and Travellers. They must therefore make an assessment of what that need is and ensure that their local plan includes appropriate sites. The statutory guidance that we inherited implied that different planning rules should apply when sites were being allocated for Gypsies and Travellers. It is that incongruity between the planning constraints on the development of housing for the settled community and for the Gypsy and Traveller community that has often created difficulties and that the consultation is designed to address.

In providing the funding for new sites, responding to the consultation and developing a new planning framework, we must ensure that we do not simply drive the problem to another place, but that there is adequate provision for Gypsies and Travellers where it is needed. Central to the case of my hon. Friends the Members for Poole and for Bournemouth West is that they want there to be co-operation between the three planning authorities of Bournemouth, Poole and Dorset to ensure that that provision is delivered in the right place in an appropriate and timely fashion. To respond to my hon. Friend the Member for Poole, the Localism Act 2011 places a duty to co-operate in planning matters on local authorities. I am sure that he will want to draw that to the attention of the local authorities and ensure that it is delivered.

Our aim is for the new draft policy to be short, light touch and fair; to put the provision of sites back into the hands of local councils, in consultation with communities; and to protect green-belt land. We are considering the response to the consultation and intend to publish our new policy as soon as possible. Although this goes a little beyond my brief, the House will understand that that is likely to be linked to the publication of the national planning policy framework. The Minister of State, Department for Communities and Local Government, my right hon. Friend the Member for Tunbridge Wells (Greg Clark), has put it on record that we intend to publish the framework before the end of this month. I hope that that is some reassurance that we are very close to producing the final version of the policy that my hon. Friend the Member for Poole seeks.

It is important to put it on record that, like the rest of the population, the majority of Travellers are law-abiding citizens. They should have the same chance to have a safe place to live and bring up their children as anybody else. What is not acceptable is for anybody to abuse the planning system, for instance by trespassing and setting up encampments or other unauthorised developments. Another purpose of the planning circular, on which we have consulted and which will be published, is to ensure that some of the rule-bending that has taken place will be ruled out in future. The Government are developing a package of changes, including the use of incentives, through the planning system to provide a better balance between site provision and enforcement.

To ensure fair treatment of settled communities and the majority of Travellers, we are putting in place a range of measures including the abolition of the architecture of regional planning through the Localism Act 2011—[Hon. Members: “Hear, hear.”] I appreciate my hon. Friends’ support for that measure. We are putting in place stronger enforcement powers for local authorities to tackle unauthorised development and setting out measures to limit the opportunities for retrospective planning permission. My hon. Friends might not be aware that we are setting aside £50,000 to support a training programme run by Local Government Improvement and Development, which is aimed at raising awareness among councillors of their leadership role in relation to Traveller site provision and planning applications.

--- Later in debate ---

[Andrew Stunell]

I fully understand my hon. Friend’s point, and I hope to get to that in a sentence or two.

I can report to the House that a cross-Government ministerial-level working group has been preparing proposals on how we can address the discrimination and poor social outcomes that Travellers experience. We have applied the Mobile Homes Act 1983 to authorised local authority sites, to give residents of local authority Gypsy and Traveller sites better protection against eviction.

My hon. Friend the Member for Bournemouth West has once again brought to the House’s attention the question of unauthorised developments and what happens next. As a matter of definition, an unauthorised development is land owned by Travellers but developed without planning permission. The Government are getting tough on unauthorised development. We will not tolerate abuse of the planning system by anyone. Local authorities have a range of powers to deal with unauthorised developments, but the fact of the matter is that planning enforcement remains a problem. The powers include temporary stop notices, which do not normally allow the removal of a caravan that is a person’s main residence. In addition to the measures set out in the Localism Act 2011, the Government are considering strengthening temporary stop notice powers. The measures in the Act include increasing penalties for non-compliance with a breach of condition notice, from a maximum fine of £1,000 to one of £2,500, and limiting the opportunities for retrospective planning in relation to any form of unauthorised development.

Unauthorised encampments—Travellers trespassing on land not owned by Travellers—can be tackled not just through the planning system, but through the criminal justice system and civil courts. The police and local authorities have a range of powers to deal with such encampments. The full range of powers can be used when an alternative site is available in the local authority area. My hon. Friends have pointed out that because of the tight constraints and small geographical areas of both Poole and Bournemouth, it is difficult to establish the availability of such sites in the local authority areas. Their plea is for the Government to consider widening the scope of that measure, possibly using the duty to co-operate. I have taken note of what they said on that point and undertake to respond to them more fully.

[Mr Ellwood]

I am very grateful to the Minister for giving way. With an hour and five minutes left, he has been extremely generous in allowing hon. Members to elaborate on aspects of this important debate. Will he clarify an important issue that affects both Poole and Bournemouth? The regional spatial strategy has been removed and regional development agencies are disappearing, with the 2011 Act replacing them. I understand that Bournemouth borough council now offers in the submission of its core strategy a different paragraph on where Gypsy and Traveller sites can be—it can make the case that Bournemouth is not appropriate and that those people should be placed elsewhere. Will the Minister confirm that? If he cannot do so now—I understand that he stepped in for another Minister—I would be grateful if his Department could write to me.

[Andrew Stunell]

I should make it clear to you, Mr Deputy Speaker, that I do not feel any deep obligation to keep going for another hour and a quarter.

I would not want my hon. Friend to be too premature. The final version of the national planning policy framework has not yet been published. As I said earlier in my remarks, the Minister of State, Department for Communities and Local Government, my right hon. Friend the Member for Tunbridge Wells, has told the House that the intention is that the national planning policy framework should be published before the end of this month. At that point, there will also be a statement on how it comes into force. Until that moment, it would not be appropriate for a planning authority to proceed—indeed, the authority could not proceed, because our proposals of last year have not yet been confirmed. However, my hon. Friend the Member for Bournemouth East and I might have a reasonable expectation that when the framework is in force, the words he has used would be the appropriate ones to apply.