Agenda item

(Housing Portfolio Holder) To consider the attached report (C-015-2014/15).

(1)        That, following consultation with site owners, residents, statutory consultees and other interested parties, the Park Home Site Licence Conditions for Gypsy, Roma and Traveller Sites in Epping Forest District Council, as attached at Appendix 1 of the report, be adopted subject to the following amendment:

            (a)        that condition (5) of the proposed Site Licence Conditions concerning         Lighting be amended to state the installed lighting should be appropriate to    the location and not be so excessive as to be considered ‘light pollution’ whilst            also providing safe movement around the site.

The Housing Portfolio Holder presented a report on the proposed licence conditions for Gypsy, Roma and Traveller sites.

The Portfolio Holder reported that it was a statutory requirement for local authorities to issue site licences for all the park homes sites in their area and to decide what conditions to attach to them. In 2008, the Government produced new standards for permanent residential park homes sites, providing a framework upon which councils could base the conditions they attached when re-licensing sites. In July 2012, based upon these standards, the Cabinet agreed the conditions to be attached to the site licences for the permanent residential park homes sites in the District and also that the site licence conditions for 31 Gypsy, Roma and Traveller sites in the District, which had Planning Permission to be occupied on a permanent residential basis, should generally be in accordance with these conditions.

The Portfolio Holder stated that there were significant differences between sites occupied by Gypsy, Roma and Traveller families and those occupied by the settled community. Taking account of these differences, new conditions had been drafted and with the approval of the Housing Portfolio Holder on 18 June 2014 (HSG-003-2014/15), a four-week consultation with site owners and residents on the Gypsy, Roma and Traveller sites in the District was undertaken. Comments from the consultation had been taken into account in the drafting of the site licence conditions that were attached at Appendix 1 to the report.  The Cabinet was requested to agree these conditions so that the new site licences could be issued to the owners.

The Portfolio Holder added that no responses to the public consultation had been received from the Gypsy, Roma and Traveller community despite strenuous efforts by Officers to explain the conditions to them at the sites within the District. It was intended to enforce the recommended spacing requirement of 6 metres between pitches at these sites, and Epping Forest was the first District Council to implement these site conditions.

In response to questions and queries from the Members present, the Private Sector Housing Technical Manager stated that the risk of fire was the most important consideration. There would be no charge for sites with 5 pitches or less, but the agreed site conditions would be enforced regardless of the number of the pitches on-site. In addition, any site with planning permission – permanent or temporary – would need to apply the site conditions.

It was highlighted that a number of Gypsy, Roma and Traveller sites tended to be under multiple ownership, which could potentially cause enforcement problems. The Private Sector Housing Technical Manager accepted that would cause a difficult situation, but Officers would look for family links between the owners and treat the situation in that manner.

The Member for the Roydon ward highlighted condition (5) of the proposed conditions regarding site lighting, and suggested that it should be amended to state that it should be suitable for the site location and not be so excessive as to be considered ‘light pollution’, whilst also being sufficient to provide safe movement around the site. This was agreed by the Cabinet.

Decision:

(1)        That, following consultation with site owners, residents, statutory consultees and other interested parties, the Park Home Site Licence Conditions for Gypsy, Roma and Traveller Sites in Epping Forest District Council, as attached at Appendix 1 of the report, be adopted subject to the following amendment:

            (a)        that condition (5) of the proposed Site Licence Conditions concerning         Lighting be amended to state the installed lighting should be appropriate to    the location and not be so excessive as to be considered ‘light pollution’ whilst            also providing safe movement around the site.

Reasons for Decision:

The Council was required to issue licences on all park homes sites in the District with conditions that were relevant, consistent and would adequately protect the health and safety of people residing at, or visiting, the sites.  Although new proposed standard park home site licence conditions for permanent residential sites occupied by the settled community were agreed by the Cabinet in July 2012, the existing site licence conditions for the Gypsy, Roma and Traveller sites that were occupied on a permanent residential basis had not been reviewed for many years.

Other Options Considered and Rejected:

To not set new licence conditions and allow the remaining ones to remain in place. However, the existing conditions were outdated and such an approach could compromise the health and safety of those living on or visiting the sites.

To apply the same conditions to the Gypsy, Roma and Traveller sites in the District as the ones attached to the permanent residential sites occupied by the settled community.  However, there were significant differences between the two different types of sites, mainly in terms of ownership and management.