Agenda item

(Leader of the Council) To consider the attached report (C-016-2010/11).

(1)        That the following proposals be recommended to the Council for approval:

(a)        That all site owners, relevant Town and Parish Councils, known local Residents' Associations and the local travelling community be informed of the decision from the Minister for Decentralisation to revoke the direction which had required the Council to prepare a separate Gypsy and Traveller Development Plan Document;

(b)        That further work on the Gypsy and Traveller Development Plan Document be ceased immediately;

(c)        That the Council’s website be updated as soon as was practical;

(d)        That the options and issues consultation work be discontinued; and

(e)        That, as an impact of the decision above, those residents who own land or live in the vicinity of affected sites be reassured of the restoration of the identified sites to the planning status previously possessed as appropriate prior to the Direction of September 2007; and

(2)        That the advice received from Counsel on this matter also be noted.

The Leader of Council presented a report concerning the revocation of the Direction to produce a separate Gypsy & Traveller Development Plan Document (DPD).

The Leader reported that the revocation by the Minister for Decentralisation of the Secretary of State's Direction to prepare a separate Gypsy and Traveller DPD meant that it was no longer necessary for the Council to concentrate its Forward Planning resources on this one issue.  Since its adoption, Local Plan Policy H10A (Gypsy Caravan Sites) had and continued to allow the Council to consider new applications for pitches pending the preparation of a replacement DPD. Future pitch provision would be dealt with appropriately within the Local Development Framework. The letter from the Minister had vindicated the view of the Council and the local community whilst recognising the progress which had been made in meeting the needs of the travelling community. The Leader thanked all of the local residents who had responded to the consultation.

The Leader added that the following advice had been received from Counsel, after the report had been published:

“For the avoidance of doubt, nothing in this Report, or any formal decision that the Council may take when accepting the recommendations herein should be construed as a guarantee that any land will, or will not be allocated for development as a Gypsy and Traveller site, whether or not the land was identified in the Options Consultation document. Such considerations will be relevant in the future when the Council decides upon the proper way forward for the provision of Gypsy and Traveller sites through the LDF process, if that proves necessary. Similarly, the revocation of the Direction does not guarantee that land identified in the Options Consultation will not be the subject of an application for planning permission, or that if such an application is made, that the Council, or the Secretary of State, will not grant planning permission in the future. The Council is duty bound to determine all valid applications for planning permission having regard to the facts and circumstances that are relevant at the time of the decision, including whether the proposed development is in accordance with relevant policies within the statutory development plan in force at the time.”

The Cabinet welcomed the decision of the Minister, as it ended a three-year period of uncertainty for those residents living in close proximity to sites that had previously been identified as potential sites for Gypsies & Travellers. The efforts of Officers in both complying with the Direction, and then trying to lift the Direction was gratefully acknowledged. It was felt that the decision of the Minister was in accord with the Government’s stated policy of Localism. It had also indicated that the Council was prepared to listen to its residents, and it was hoped that residents would also participate fully in the process to develop a new Local Development Framework.

Decision:

(1)        That the following proposals be recommended to the Council for approval:

(a)        That all site owners, relevant Town and Parish Councils, known local Residents' Associations and the local travelling community be informed of the decision from the Minister for Decentralisation to revoke the direction which had required the Council to prepare a separate Gypsy and Traveller Development Plan Document;

(b)        That further work on the Gypsy and Traveller Development Plan Document be ceased immediately;

(c)        That the Council’s website be updated as soon as was practical;

(d)        That the options and issues consultation work be discontinued; and

(e)        That, as an impact of the decision above, those residents who own land or live in the vicinity of affected sites be reassured of the restoration of the identified sites to the planning status previously possessed as appropriate prior to the Direction of September 2007; and

(2)        That the advice received from Counsel on this matter also be noted.

Reasons for Decision:

The Council had committed a very significant amount of resources to this project since September 2007 and the revocation of the Direction meant that the identification of considerable numbers of potential sites as a separate exercise was no longer required.

Other Options Considered and Rejected:

To continue with the preparation of a separate DPD, however, this would be contrary to the Council's preferred approach, which had now been endorsed by the Minister, and would also divert resources from addressing the emerging Localism policy for development plan preparation.