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8. Gypsy and Traveller Sites May 2007 - Hambleton District Council

8. Gypsy and Traveller Sites May 2007 - Hambleton District Council

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3.2 Policy DP14 does not distinguish between permanent <strong>and</strong> temporarypermissions for gypsy <strong>and</strong> traveller sites. The <strong>Council</strong> could, therefore, granttemporary permissions, if appropriate to do so, in accordance with paragraphs45 <strong>and</strong> 46 of ODPM Circular 1/2006 [NCD41] in advance of the <strong>Gypsy</strong> <strong>and</strong><strong>Traveller</strong> Development Plan Document <strong>and</strong> in accordance with Circular 11/95The Use of Planning Conditions in Planning Permissions [part only: NCD62].The final point made by Government Office is that the timescale for completinga <strong>Gypsy</strong> <strong>and</strong> <strong>Traveller</strong> Accommodation Assessment should be included withinthe policy. However, as stated above by the <strong>Council</strong>, a detailed assessment forthe North Yorkshire Sub-region is only now being commissioned. Dependingon the outcomes of the assessment, a separate Development Plan Documentmay be produced for gypsies <strong>and</strong> travellers, by the <strong>Council</strong>, but that decisionwould need to be taken through the Local Development Scheme process nextyear.3.3 Regarding Mr. <strong>and</strong> Mrs. Hall’s objection to Policy DP14, the <strong>Council</strong> feels it isnot appropriate to include a reference to specific sites at this stage in theDevelopment Policies DPD [LCD60]. The <strong>Council</strong> does acknowledge, ofcourse, that Mr. <strong>and</strong> Mrs. Hall’s site at Sowerby, Thirsk has been grantedplanning permission (July 2006) for a gypsy site for a single family includingstorage <strong>and</strong> restoration of horse-drawn vehicles. Nor does the <strong>Council</strong> agreethat reference to when personal conditions are appropriate should be includedwithin DP14 as this matter is dealt with in Circular 11/95 – the Use ofConditions in Planning Permissions, para 93 [part only: NCD62]. An alternativecourse of action for Mr. <strong>and</strong> Mrs. Hall to take would be to make an applicationto vary the personal condition.3.4 The <strong>Council</strong>, having considered the Government Office <strong>and</strong> Mr. & Mrs. Hall’srepresentations has concluded that Policy DP14, provides a clear <strong>and</strong> robustframework for meeting the identified needs for gypsy <strong>and</strong> traveller sites arisingfrom regional <strong>and</strong> local assessments.(ii)Is it reasonably flexible to enable it to deal with unexpectedchanges in circumstances?Representations received to the Submission Development Policies DPDUnsound/SoundNo representations received as such regarding this sub-issue.The <strong>Council</strong>’s Response3.5 The <strong>Council</strong> feels that the use of a number of criteria will inevitably make thepolicy flexible as some criteria will apply to some sites <strong>and</strong> other criteria toothers. For example, in the opening paragraph of Policy DP14, it states thatpermission will be granted for gypsy <strong>and</strong> traveller accommodation where theproposal ‘would represent a way of meeting an established need’. Thedefinition of ‘established need’ is deliberately left imprecise to allow flexibility ofinterpretation. However, the underlying point is that the proposal will meet anestablished need <strong>and</strong> that will require to be demonstrated at the time a planningapplication comes forward.3.6 The <strong>Council</strong>, having considered this issue has concluded that Policy DP14 isreasonably flexible to deal with unexpected changes in circumstances.<strong>Hambleton</strong> Local Development Framework Development PoliciesExamination Statement 8: <strong>Gypsy</strong> <strong>and</strong> <strong>Traveller</strong> <strong>Sites</strong><strong>May</strong> <strong>2007</strong>8

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