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

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3.2 Policy DP14 does not distinguish between permanent and temporarypermissions for gypsy and traveller sites. The Council could, therefore, granttemporary permissions, if appropriate to do so, in accordance with paragraphs45 and 46 of ODPM Circular 1/2006 [NCD41] in advance of the Gypsy andTraveller Development Plan Document and 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 Gypsy and Traveller Accommodation Assessment should be included withinthe policy. However, as stated above by the Council, 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 and travellers, by the Council, but that decisionwould need to be taken through the Local Development Scheme process nextyear.3.3 Regarding Mr. and Mrs. Hall’s objection to Policy DP14, the Council feels it isnot appropriate to include a reference to specific sites at this stage in theDevelopment Policies DPD [LCD60]. The Council does acknowledge, ofcourse, that Mr. and Mrs. Hall’s site at Sowerby, Thirsk has been grantedplanning permission (July 2006) for a gypsy site for a single family includingstorage and restoration of horse-drawn vehicles. Nor does the Council 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. and Mrs. Hall to take would be to make an applicationto vary the personal condition.3.4 The Council, having considered the Government Office and Mr. & Mrs. Hall’srepresentations has concluded that Policy DP14, provides a clear and robustframework for meeting the identified needs for gypsy and traveller sites arisingfrom regional and 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 Council’s Response3.5 The Council feels that the use of a number of criteria will inevitably make thepolicy flexible as some criteria will apply to some sites and other criteria toothers. For example, in the opening paragraph of Policy DP14, it states thatpermission will be granted for gypsy and 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 and that will require to be demonstrated at the time a planningapplication comes forward.3.6 The Council, having considered this issue has concluded that Policy DP14 isreasonably flexible to deal with unexpected changes in circumstances.Hambleton Local Development Framework Development PoliciesExamination Statement 8: Gypsy and Traveller SitesMay 20078
(iii)How does this policy relate to policy H5 of the draft RegionalSpatial Strategy and the Allocations Development Plan Document?Representations received to the Submission Development Policies DPDUnsoundNo representations receivedSound538 6584 DP14Mr. S GallowayYorkshire and Humber AssemblyAt the Preferred Options stage in the preparation of the DPD the matter ofaccommodation for gypsies and travellers was raised by the Assembly. As paras. 4.5.9to 4.5.13 of the DPD make clear, the needs of gypsies and travellers should bereflected in relevant policies in the DPD. The Regional Gypsy and TravellerAccommodation Assessment is now complete and it identifies that there is a shortfall inprovision in all local authorities in the region. More local studies of need will have to becarried out but the results of the regional assessment suggest that policy DP14 willneed to be changed, particularly to accommodate the need for local exceptions to bemade to help to meet the accommodation needs of gypsies and travellers. Thischange, along with research to inform the Allocations DPD should help to address theneeds identified.The Council’s Response3.7 The Council notes the Yorkshire and Humber Assembly’s response. Asmentioned above, at the regional level, the Draft Regional Spatial Strategy[RCD 1] includes Policy H5 – Provision of Sites for Gypsies and Travellers.The Council feels DP14 as drafted and the proposed Sub-regional Assessmentfor North Yorkshire is fully compliant with H5. The Council notes theAssembly’s representation and the reference in it to the Regional Gypsy andTraveller Accommodation Assessment as being complete and the conclusionthat there is a shortfall in provision in all the region’s local authorities. TheCouncil would point out that there is much more to be done though with regardto assessment at the sub-region and local authority levels, hence thecommissioning of the North Yorkshire Assessment. As already stated, theoutcome of the Sub-Regional Assessment as far as Hambleton is concernedmay require a Development Plan Document on gypsy and travelleraccommodation. In the meantime, the Council believes that Policy DP14, assubmitted, is sufficiently flexible to deal with local exceptions if an establishedneed arises.3.8 The Council, having considered the Yorkshire and Humber Assembly response,has concluded that Policy DP14 is sound in the circumstances in relation toPolicy H5 of the draft Regional Spatial Strategy [RCD1]. Gypsy and TravellerSites have not formed an input in the Allocations Development Plan Document.The forthcoming Gypsy and Traveller Accommodation Assessment for NorthYorkshire may give rise for the need for a separate Development PlanDocument on Gypsies and Travellers.Hambleton Local Development Framework Development PoliciesExamination Statement 8: Gypsy and Traveller SitesMay 20079
Page 1 and 2: LOCAL DEVELOPMENT FRAMEWORKDEVELOPM
Page 3 and 4: EXAMINATION STATEMENT 8:GYPSY AND T
Page 5 and 6: 2. KEY ISSUE 8: GYPSY AND TRAVELLER
Page 7: 3. SUBSIDIARY QUESTIONS(i)Does this
Page 11: 4. CONCLUSION4.1 The Council has co

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

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