Agenda item

To consider the report of the Chief Planning Officer seeking Members views on a draft management approach to the negotiated stopping needs of Gypsies and Travellers. Appendix 1 of the report sets out the proposed approach in a note entitled “A management approach to negotiated stopping for short term Gypsy and Traveller visitors to Leeds”. This is intended to support operational activities in relation to specific Council services including housing, planning, enforcement, asset management and health and well-being

The Chief Planning Officer submitted a report seeking Members’ views on a draft management approach to the negotiated stopping needs of Gypsies and Travellers (G&T) in Leeds. The proposed approach was set out in a note entitled “A management approach to negotiated stopping for short term Gypsy and Traveller visitors to Leeds” attached as an appendix to the report.

The report acknowledged that there was a shortage of suitable sites for Gypsies and Travellers (G&T) in Leeds, which had led to an increase in incidences of unauthorised encampments. The Site Allocations Plan (SAP) would address this by allocating and safeguarding sites through Council managed sites, private run sites and sites for negotiated stopping as set out in the Core Strategy. The Core Strategy had identified a requirement for 9 negotiated stopping pitches to meet the needs of those G&T families who stop temporarily in Leeds.  

The Group Manager, Policy & Plans, introduced the report and highlighted that this approach did not identify and allocate specific sites but outlined a responsive managed approach to negotiated stopping. This would be case specific and would avoid a regular turnover of temporary residents at fixed transit sites. The document was intended to support existing operational activities in relation to specific Council services including: housing, planning, enforcement, asset management and health and well-being. The Head of Housing Support also attended the meeting and provided the Panel with information specific to the needs of the Gypsy & Traveller community.

Members and officers discussed the following issues:

-  The reasoning for the negotiated stopping approach instead of designated transit sites. Comparison with other authorities utilising fixed transit sites had showed that those sites attracted increased levels of unauthorised behaviour and site use which had a greater impact on nearby residents

-  A spread of smaller sites would enable the authority to better meet the needs of Gypsy &Travellers visiting Leeds

-  The close working relationship with Leeds GATE  - the Gypsy & Traveller representative group who had identified Core Strategy   needs through consultation

-  Monitoring over a 5 years period had identified that Gypsy & Travellers visiting Leeds stayed on average up to 17 days, for specific reasons on either suitable or unsuitable sites.

-  The ‘social contract’ between the visiting Gyspy & Travellers and the authority would encourage uplift in behaviour on the sites. The Panel received assurance that Leeds GATE was committed to the use of the social contract and would support its implementation.

Responsibility to address behaviour issues was within the remit of the Gypsy & Travellers Team, Housing Leeds. The social contract supported three issues key to this approach;

-  by emphasising that G&T visitors would be tolerated on a stopping site for a period of no more than 28 days

-  if the stopping site chosen by the visitors was deemed unsuitable, they would be directed to a more suitable site;

-  if behaviour on site was unsuitable Housing Leeds could still move to recover possession of the site. All adult visitors would be requested to sign a ‘toleration agreement’ which set out behavioural conditions – that agreement would be null and void if breached and action to recover the site would be taken through the courts.

One Member queried whether the Planning Inspector would support the negotiated stopping approach and requested information on whether advice from independent Counsel had been obtained on this issue. It was noted that external legal advice had not specifically been sought; however the principle of the negotiated stopping strategy was outlined within the adopted Core Strategy and was in line with National Guidance.

The Panel received assurance on the remedies available to the Council should visitors fail to engage in the negotiated stopping process – in such circumstances, the Council still retained existing options to take action, the negotiated stopping contract and Toleration Agreements did not supersede existing powers

(Councillor R Lewis joined the meeting at this point)

The Panel also discussed:

Resources - Members received assurance that although currently there was no 24hour service, the Gypsy & Traveller management team within Housing Services would ensure the resources needed would be available to respond to G&T visitors in order to provide amenities. Mobile toilets and skips would be provided – intended to reduce additional costs of site clearance/reparation if facilities are not provided. With negotiated stopping, it was anticipated that costs to the Council should reduce

Site identification – Sites would be identified as required in conjunction with LCC Asset Management & Regeneration and officers from across the Metropolitan District and identify pieces of land deemed suitable for a short period of time for G&T visitors – such as cleared sites, disused car parks or transit depots. Site characteristics to determine suitability included amenity needs; impact on neighbouring residents; away from pylons and areas of flood risk and not including parkland/greenbelt sites.

In summing up, the Chair outlined his support for action to be taken against Gypsy & Traveller visitors, who having signed a ‘Toleration Contract’ then left a site in an unacceptable state.  In addition, it was agreed that every instance of the use of the negotiated stopping approach and ‘Toleration Contract’ would be recorded and monitored to ensure the new approach is fit for purpose. Officers agreed to supply requested information on the number of Gypsy & Traveller short stays per year.

In general Members supported what was seen as a pragmatic and innovative approach although the Panel did note some concerns expressed about the following:

·  possible incidences of non-negotiation in the future

·  the length of the 28 day ‘Toleration Contract’

·  the importance of having the resources available to provide amenities as soon as possible for new visitors in order to prevent misuse of stopping sites

·  the need for the policy approach to reference safeguarding and impact on and support available to affected communities

In conclusion, the Chair acknowledged the balanced approach set out in the proposals for negotiated stopping.

RESOLVED –

a)  To endorse the approach outlined in Appendix 1 “A management approach to negotiated stopping for short term Gypsy and Traveller visitors to Leeds” and

b)  To request that the Chief Planning Officer and Director of Resources and Housing approve the approach as a protocol with immediate effect and submit it as background evidence to the Site Allocations Plan.

(Under the provisions of Council Procedure Rule 16.5 Councillors B Anderson and G Latty required it to be recorded that they abstained from voting on this matter)