Your Questions Answered...

We received this letter from reader Ava Kavooris about the Gypsy and Traveller public consultation which is being carried out. We asked Chesterfield Borough Council to respond to the questions and points being raised

I write in response to your article in the Derbyshire Times titled ‘Gypsy Pitches are required’, in conjunction with Chesterfield Borough Council’s recent statement that they are “required” to have two new Traveller Sites in the borough and have proposed six shortlisted sites on Atlee Road, Inkersall; Bevan Drive, Inkersall; Birchwood Crescent, Grangewood; Brooks Road, Barrow Hill; Keswick Drive, Newbold and Miller Avenue, Mastin Moor. 
As far as I am aware there is no ‘mandatory’requirement whatsoever for any local authority including Chesterfield Borough Council to have any new Traveller sites in the borough, and I refer people to please read the Government’s Policy Paper no 07005 dated October 13, 2017 which is the Government’s Planning Policies For Gypsy and Traveller Sites. Second paragraph, second sentence clearly states it ‘ENCOURAGES’ local authorities to formulate ‘their own’ evidence base for Gypsy and Traveller needs and provide ‘their own’ targets for pitches required. Hence Derbyshire County Council has apparently said no to any new Traveller sites in the borough. 

Derbyshire County Council has not said no to new Gypsy and Traveller sites in the borough. Their views were sought as the highways authority as part of the assessment process and they were also asked to identify any land owned by the County Council that might be suitable to accommodate pitches. They didn’t come forward with any land options. Derbyshire County Council will be consulted on the potential sites and their views will be taken into account along with all other comments and representations received during the consultation

To say new sites are ‘required’ leads the public to believe they are compulsory and they are not, so based on this government paper it appears it is Chesterfield Borough Council who are pushing for these new sites.

That is not the case. It is a mandatory requirement set out in national planning policy for councils to assess the need for Gypsy and Traveller pitches in their area and, if that assessment identifies a need, to identify a supply of sites. Failure to do so can lead to the council’s Local Plan being found ‘unsound’ by an independent inspector appointed by the Government. The consequences of this are a loss of local control over where all types of new development should go in the borough and, ultimately, having a Local Plan imposed on the borough by the government.
National Planning Policy for Gypsies and Travellers is set out in Planning Policy for Traveller Sites, published in 2015 which can be seen at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457420/Final_planning_and_travellers_policy.pdf . 

This was published to supplement the guidance given in the National Planning Policy Framework (NPPF).
Each council is responsible for preparing a Local Plan for their area, which must be consistent with national planning policy and is examined by an independent inspector to ensure this is the case.
The national planning policy for traveller sites requires councils to make an assessment of the need for sites. This must be a robust and objective assessment based on evidence. The assessment for Chesterfield was done jointly with other councils and led by Derbyshire County Council. It is called the Derby, Derbyshire, Peak National Park and East Staffordshire Gypsy and Traveller Accommodation Assessment and can be seen at https://www.chesterfield.gov.uk/planning-and building-control/local- plan-and- strategic-planning/evidence- base/gypsy-and- traveller-accommodation-assessment- 2014.aspx.

Councils are then required to set pitch targets for their areas and to “identify and update annually a supply of specific deliverable sites” through the Local Plan.
The assessment identifies a need for four pitches up to 2019, two of which have already been developed, leaving an outstanding requirement to identify a supply of sites capable of delivering a further two pitches (these could be on the same site).

 Another legal change came about during the Coalition government whereby the ‘definition’ of the word Gypsy and Traveller has been changed meaning it EXCLUDES those who cease to travel. In the Derbyshire Times you quote in your article in second to last paragraph ‘where families can stay on a long term basis’ which could well rule out many being defined as travellers? It is really important Chesterfield Borough Council is much more transparent and that the public know the actual legalities.

Some Gypsies and Travellers are highly mobile, moving around to find work; others live permanently in one area or only travel for a few weeks or months of the year. 
The main reason for travelling is to work, follow fairs and visit family and so a ‘base’ site is required from which to live when not travelling.
National planning policy defines Gypsies and Travellers as: “Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily”.
The pitch requirement identified for the borough would be for Gypsies and Travellers that meet this definition.

 Many people would like to know what local MP Toby Perkins thinks about these proposed sites, is he for or against? The public should expect much more information regarding these proposed sites such as costs to set up, costs of Inspectors to monitor who comes and for how long especially if people stay long term they are NOT, by definition and therefore legally travellers. Chesterfield Borough Council inform us regularly about central government cuts yet seem extremely obliging in spending more money using more of our precious resources when we have cuts to desperately needed front line services. To propose any new sites at such a time is a real slap in the face to people of Chesterfield, is it any wonder many in the borough are opposed?

The council is required by national planning policy to identify a suitable supply of sites in its Local Plan but is not required to deliver those sites and so the costs of developing a site would not be the responsibility of the council. Should a Gypsy or Traveller family choose to take up any site allocated in the Local Plan, they would be responsible for obtaining planning permission and developing the site in line with any planning conditions that might be set out in that permission, including providing structures, hardstanding areas, fences and connections to utilities. They would have to meet the cost of doing this.

Residents can also find out more detailed information at www.chesterfield.gov.uk/pitches. 
This includes a section of frequently asked questions, along with the consultation documents, and details of how to take part in the consultation. Paper copies can be seen at Chesterfield Library or at our Customer Service Centre in New Square.

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