Gypsy and Traveller Accommodation Further Inspectors Questions to the Council on 27 th June 2018 Council s Response As established through the available evidence and during discussions at the hearing, the Council has not identified sufficient sites to address the identified accommodation needs of Gypsies and Travellers throughout the plan period. Instead it seeks to rely on a criteria based policy to meet the shortfall through planning permissions. 1. Have any further planning permissions for Gypsy and Traveller sites been granted since the Stage 1 hearings when a shortfall of 14 private pitches (over the plan period) still remained? If so, please provide details? LCC Response: Yes, a permanent planning permission has been granted on appeal for 1 private Gypsy and Traveller pitch at Hollinhurst, Allerton Bywater since the Stage 1 hearings. The site was previously not put forward for consideration within the SAP process and can be consequently counted towards the shortfall in private provision. A map of the site has been attached for further information (See Appendix 1). A temporary planning permission for 1 private pitch at The Old Telephone Exchange, Coal Road, near Shadwell has also been recently granted for a 3 year period. This site formed a discounted site within the Gypsy and Traveller site selection process of the SAP. Given the temporary nature of the permission it is not considered sound to count the site towards meeting the shortfall for the plan period. However, the grant of permission does indicate a positive use of CS Policy H7. Further details of these planning permissions can be found within Appendix 3. As a result, the Council considers the updated SAP shortfall to be 13 private pitches over the plan period. 2. Taking account of any additional planning permissions, how many years supply of pitches are now provided (a) overall, and (b) in relation to private pitches only? LCC Response: The Leeds GTAA, which informed the adopted Core Strategy need figures in relation to Gypsy and Traveller provision, did not identify a need figure per year i.e. the Council does not intend to phase delivery of its own sites nor to delay grant of permission if identified needs arise through a planning application. Nevertheless, in line with the Planning Policy for Traveller Sites guidance, to "identify and maintain a five year supply of specific, deliverable sites, sufficient to provide 5 years worth of sites against their locally set targets", the current supply of pitches is illustrated as follows: a) Overall Public and Private REQUIREMENT: Pitches required within the Plan Period (2012 2028) = 53 pitches (25 Council Managed and 28 Private) Annual pitch requirement (53 16 years) = 3.31 pitches per year Five year requirement at Plan base date (3.31 X 5) = 16.55 pitches 1
Taking account of under delivery: Pitches delivered (2012 2018) = 0 pitches Remaining pitches requirement = 53 pitches Remaining requirement remaining years of the Plan (53 10) = 5.3 pitches per year Current Five Year requirement (5.3 X 5) = 26.5 pitches b) Private pitches only REQUIREMENT: Pitch requirement = 28 pitches Pitches delivered (2012 2018) = 0 Remaining pitches requirement = 28 pitches Remaining requirement remaining years of the Plan (28 10) = 2.8 pitches per year Current five year requirement (2.8 X 5) = 14 pitches Overall Public and Private SUPPLY: 1 yr requirement 5 yr requirement Pitches within 5 yr supply Site Type Council Managed 2.5 12.5 20 8 Private 2.8 14 14 5 Overall 5.3 26.5 34 6.42 *Baseline date: 01/04/18 Equivalent yrs supply Appendix 2 provides a full breakdown of the Councils Gypsy and Traveller supply position. The table above shows that the Council can, on Adoption of the Plan, demonstrate a 6.42 year supply of Gypsy and Traveller pitches overall. With regard to private pitch provision in isolation the Council is able to demonstrate a 5 year supply of private pitches. The Council has not included the recent planning permission at Land off Hollinhurst, Allerton Bywater within the above calculations as the decision date of the application was after the baseline date for the current year figures (01/04/18). This site and any further approvals granted within 2018/19 will be included in next year s monitoring review. Note that the Council, based on evidence from site assessments and liaison with the Council s Gypsy and Traveller service, consider that the private tolerated sites identified for allocation are suitable, available and achievable as they are currently occupied and can be granted permission promptly upon Adoption of the SAP. 3. Can the Council provide further up-to-date evidence to demonstrate the number of applications for Gypsy and Traveller sites that were approved (please distinguish between those granted for a permanent or temporary basis) or refused by the Council with brief reasons why, together with those subsequently allowed or dismissed at appeal, over at least the past 5 years. LCC Response: Please find the requested data in Appendix 3. The baseline date used for the data is 01.04.13 present. 2
4. Is the Council reviewing the needs of Gypsies and Travellers, both those meeting the planning definition of Gypsies and Travellers set out in the NPPF, and those who do not but may still require non-conventional housing, in the CSSR? It is noted from the Council s recent responses to the Inspectors Further Matters and Issues in respect of the revisions to the SAP, that the Council intends to also review the SAP before the end of the plan period. LCC Response: Following a thorough and up to date assessment of Gypsy and Traveller needs in 2014 it is not considered necessary to review Gypsy and Travellers accommodation needs at the present time. Moreover, there is no compelling changed evidence (as in the evidence for a downward trajectory of settled housing) to suggest that the policy needs updating. This is therefore not within the scope of the CSSR. Leeds GATE have been made aware of this and have made no representations to the Regulation 18 or Regulation 20 stages of consultation on the CSSR. 5. Is it the Council s intention to include the provision of sites for gypsies and travellers within that review? LCC Response: Further to Policy BL1 of CDR1/1 it is not currently envisaged that there is a need to include Gypsy and Travellers accommodation within the SAP Review. Subject to monitoring of CS Policy H7 and the SAP the policies for Gypsies and Travellers will be reviewed to see if they need to be updated in line with revised NPPF arrangements. This will include continued positive engagement with local Gypsy and Traveller families and Leeds GATE. 3
Appendix 1 Map of Land off Hollinhurst, Allerton Bywater planning approval 4
Appendix 2 Site delivery projections 5
Appendix 3 List of Gypsy and Traveller planning applications determined in the last 5 years. Site Address SAP ref No of pitches Land off Hollinhurst, Allerton Bywater The Old Telephone Exchange, Coal Rd The Yard, 2 Dunningley Lane Approved / Refused Type of permission Decision Date Reason(s) for refusal Additional comments (inc. appeal information) - 1 (P) Approved Permanent 17.05.18 - N/A - Planning App No: 16/06911/FU - Refused at Plans Panel following Officer recommendation for approval. - Appeal ref: APP/W/17/3177207 - Application allowed on appeal. Discounted site HG6-9 of) (part 1 (P) Approved Temp - 3 yrs 23.01.18 - N/A - Planning App No: 17/03940/FU - Temp permission only given the Green Belt location. - Discounted site assessed in the SAP (see CD1/34 para 11.32, 11.54, 11.65, Appx. 12 and Appx. 16) 1 (P) Refused CLU 21.10.17 - Insufficient evidence to prove 10 years continuous use Kidacre Street HG6-2 8 (CM) Approved Temp 10 years Springfield Gildersome Sandon Hunslet Villas, Mount, Cottingley Springs west extension - Planning App No: 17/02876/CLE - Certificate of Lawful Use application. - Whilst the Certificate of Lawful use application was refused this was solely due to insufficient information and the Council is currently working with the applicants to submit a revised application with sufficient information. 01.08.16 - N/A - Planning App No: 17/08088/FU - Temp permission given the uncertainty around the HS2 proposals, as noted in the SAP HG6-8 2 (P) Approved Temp - 3 yrs 12.11.15 - N/A - Planning Application No: 15/02821/FU - Temp permission only given the current Green Belt location. Awaiting removal from GB via SAP. Discounted site Discounted site 1 (P) Refused - 21.07.15 - Living conditions of the occupants adjacent to the M621. 12 (CM) Refused - 23.03.15 - Green Belt and other harm. Kidacre Street HG6-2 8 (CM) Approved Temp 3 years - Appeal Ref: APP/N4720/W/15/3003430 - Planning App No: 12/04737/FU - Appeal dismissed by the Planning Inspector following the refusal of the planning application. - Discounted site assessed in the SAP - Appeal Ref: APP/N4720/V/14/2215178 - Planning App No: 13/03998/FU - Called-in decision refused (land off the west side of Cottingley Springs, Gelderd Road, Gildersome, Morley, Leeds (ref: 2215178, 23 March 2015) 11.03.15 - N/A - Planning App No: 14/03263/FU 6
Site Address SAP ref No of pitches Land off Valley Road, Morley Approved / Refused Type of permission Decision Date Reason(s) for refusal - 55 (P) Refused - 21.10.14 - Highway safety. - Residential amenity. - Heavily contaminated. - Land drainage. Additional comments (inc. appeal information) - Planning App No: 14/01914/FU - Speculative application on Natural Resources and Waste Plan safeguarded site. - No appeal. - In excess of established needs P = Private CM = Council Managed 7