A planning inspector has lambasted council chiefs for “a history of policy failure” by not providing enough sites for gypsies and travellers. The lashing came as the inspector overturned the authority’s decision to refuse retrospective permission for two traveller pitches, parking for three touring caravans and the relocation of a stable block in an agricultural field in the greenbelt on the edge of Iron Acton, near Yate.
South Gloucestershire Council had issued enforcement action to have the structures removed, having rejected the proposals because the site is at “high risk” of flooding. But government inspector Paul Dignan quashed that decision too on the grounds that the local authority has failed to allocate enough gypsy sites and because the two traveller families who live at the property, on land next to the Crossing Cottage estate, would be made homeless because there is nowhere else to go.
In his ruling, Mr Dignan said this would have breached their human rights and that he could “not have any confidence that the needs of the occupants are likely to be met in the foreseeable future” because of the authority’s longstanding shortfall. Council bosses called the decision “disappointing” but said they were committed to providing housing for all communities, including identifying suitable gypsy sites for its Local Plan, while opposition councillors criticised the authority for neglecting its duties.
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The two applicants, Mary Doherty and Caroline Mullane, who live at the site north of Latteridge Road, had lodged an appeal with the Planning Inspectorate against enforcement and refusal to grant consent. Mr Dignan ruled in favour of both despite acknowledging the development was “harmful” to the greenbelt and was “in conflict” with national and local flood risk policies.
In its original decision in October 2020, South Gloucestershire Council said the land was “highly vulnerable to flood risk” and the siting of gypsy caravans “endangers the lives of the applicants, their children and the emergency services at times of flood”. It said: “Works to make the site safe will displace water which will potentially put others at risk of flooding.
“The site floods to such a depth that it is considered to be dangerous for most for a flood event as low as a one in 20.” But the inspector decided at the appeal inquiry that the scheme could be made safe by imposing conditions after hearing that the mobile home residents would face only a “very low hazard” even in a one-in-100-year flood event.
Mr Dignan’s report said local planning authorities were required to identify a five-year land supply of traveller sites but this had not been met. It said: “There is no strategy to address outstanding need through the development plan process that can be given any weight at present, and there is a history of policy failure in this regard, the council having been directed by the secretary of state to make significant improvement to supply and delivery.
“Further, the council has not been able to point to any suitable and available alternative sites for the appellants within the district or the wider area. I am reluctant to say that there is no strategy in train to overcome the policy and actual provision failures to date, but none has been brought to my attention.
“I cannot therefore have any confidence that the needs of the occupants are likely to be met in the foreseeable future. The two families living at the site have strong connections to the area, including extended family who provide significant support.
“A number of the occupants have significant health issues, and living at the site has been highly beneficial in this respect, not least in terms of the positive environment it provides for the children’s upbringing. Subject to satisfactorily addressing the matter of flood risk, it is clearly in the best interests of the children to continue to live at the site, there being no identifiable alternative, and this is a primary consideration.
“Dismissal of the appeals would see the families having to leave the site, which would also interfere with their rights under Article 8 of the European Convention on Human Rights, the right to respect for their private and family life. I consider that the greenbelt and other harm is clearly outweighed by that of the other considerations in this case.
“I will however restrict the occupancy of the site to those currently living there, a personal permission in other words.” Lib Dem Cllr Tristan Clark told the council’s development management committee on Thursday, September 15: “The report from the planning inspector is very disconcerting because once again a traveller and gypsy site has been approved at appeal based primarily on the fact the council cannot demonstrate a five-year supply of pitches.
“This is concerning because it was way back in 2006 that the secretary of state issued the direction to this council to address the lack of gypsy and travellers sites. Since then the council has essentially been kicking the can down the road.
“The council really does need to address this because it is bad not just for the travellers themselves but also for the non-traveller residents who will be just as impacted by potentially dangerous sites being approved.” Planning manager Marie Bath replied: “It was a very disappointing appeal decision, I completely agree with you.”
A council spokesperson said: “We accept the outcome of the inquiry and the findings of the planning inspector who approved the application with a number of additional conditions. We are committed to providing for the housing needs of all our communities and allocate sites through our Local Plan to accommodate the needs of our gypsy/traveller communities and set policies to determine planning applications for new pitches.”
They said the authority’s latest gypsy and traveller accommodation assessment five years ago highlighted a need for 75 more pitches in South Gloucestershire by 2023. “Since 2017, we have continued to deliver new pitches through the planning application process, reducing the number required from 75 to 54,” they added.
“We are currently assessing the future level of need in South Gloucestershire and are looking to identify suitable land to deliver new pitches through our new Local Plan, in line with national planning policy.”
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