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Gypsies and Travellers

The Government places a duty on councils to undertake an accommodation assessment and to make provision for any identified Gypsy and Traveller needs.

Frequently Asked Questions

Who are Gypsies and Travellers?

Gypsies and Traveller are people who have a nomadic way of life.  This includes people who have stopped travelling for education reasons or due to age.  The definition includes Gypsies and Romany ethnic groups, Irish Travellers and New Age Travellers.  Their way of life means that they travel the country staying for various periods of time in different locations in order to earn a living.  In some cases this has been their way of life for many generations.

What do Gypsies and Travellers do for work?

Gypsies and Travellers work in a variety of occupations.  Stevenage Borough Council employs local Gypsies and Travellers to do landscaping working in various parts of the town.  Traditional patterns of work – such as landscaping, seasonal agricultural work, laying tarmacadam, motor trades and scrap metal dealers – are changing and the community has generally become more settled.

Do Gypsies and Travellers pay Council tax?

Yes.  Gypsies and Travellers living on local authority or privately owned sites pay council tax, rent, gas, electricity and other associated charges.

Why is much of the media coverage of Gypsies and Travellers negative?

There are often disputes between the “settled” community and Gypsies and Travellers over unauthorised development and encampments.  It is intended that the provision of more authorised sites will reduce disputes between the two communities and lead to less negative coverage.

Where is the existing Gypsy and Traveller site in Stevenage?

The existing Gypsy and Traveller site in Stevenage is at Dyes Lane to the west of the A1(M).  It is publicly run by Hertfordshire County Council and provides 14 pitches.  Please note that a pitch is the space required to accommodate one household.  The regional average is 1.7 caravans per pitch.

What is a residential site?

Residential or permanent sites are authorised sites provided by the local council or are owned by Gypsies and Travellers themselves.  They are used as long term residences by Gypsies and Travellers. 

What is a transit site?

Transit site are authorised sites for short stays by Gypsies and Travellers.  They are provided on a permanent basis by local authorities and have basic amenities and services such as water supply, toilets, washing facilities, utility rooms and waste disposal.  In some cases transit sites are provided on permanent sites.

What is unauthorised development?

Unauthorised development is land that is owned by Gypsies and Travellers but does not have planning permission to be used as residential or transit site.

What is unauthorised encampment?

Unauthorised encampment is land that is not owned by Gypsies and Travellers and is being used without the permission of the owner.

What benefits would there be to the community if a new site were provided?

The provision of an authorised residential or transit site would prevent unauthorised developments and encampments.  It could save the council money in legal action.  It is better for all members of the community if a site can be identified by agreement following consultation.  A proactive approach means we can have greater control over the identification of a site.  It also means that we are more likely to be successful if we have to take action against unauthorised sites.

What does the Housing Act 2004 sat about Gypsy and Traveller site provision?

The Act requires councils to consider Gypsies and Travellers as part of their housing needs assessments and to prepare strategies to meet those needs.  The council has a legal responsibility to plan for the accommodation needs of the Gypsy and Traveller community.

What is Circular 01/2006?

Circular 01/2006 published by Communities and Local Government sets out the Government’s planning policy for Gypsies and Travellers.  We must have regard to the advice in this circular.  Requirements include:

What is the Local Development Framework and how does it relate to the provision of Gypsy and Traveller sites?

The local development framework is a set of documents which contain the council’s spatial vision, planning policies and site allocations.  These documents should translate the number of pitches required by the regional plan into specific land allocations.  It should also set out criteria for assessing any proposals for Gypsy and Traveller sites. 

Are Gypsy and Traveller sites allowed in the Green Belt?

Not as a first option.  Government policy allows proposals in the Green Belt where applicants can demonstrate that very special circumstances exist which could outweigh any harm that might be caused to the Green Belt.  The lack of suitable alternative sites could be put forward as part of the case to justify very special circumstances.  Circular 01/2006 states:

“Alterations to the Green Belt boundary can be used in exceptional circumstances for housing and other types of development inappropriate for the Green Belt.  Such alterations have often been used in cases where a local planning authority’s area contains a high proportion of Green Belt land and no other suitable sites outside the Green Belt exist.  Such an exceptional limited alteration to the identified Green Belt boundary could be considered to meet a specific, identified need for a Gypsy and Traveller site in the same way such an alteration could be used for any other type of development.”  The council should look to allocate land for a Gypsy and Traveller in a non Green Belt site before considering a Green Belt location.

What is the East of England Plan?

The East of England Plan is the planning document for Hertfordshire, Bedfordshire, Cambridgeshire, Essex, Norfolk and Suffolk.  It sets out a strategy to guide the pattern of development to 2021.  It was prepared by a body called the East of England Regional Assembly (EERA) which is the regional planning body for the East of England.  The Assembly comprises 72 councillor representatives from local authorities and 32 representatives from environmental bodies, industry, academic and the voluntary sector.

What is the EERA Gypsy and Traveller Single Issue Review?

The Government requires regional planning bodies such as EERA to identify the number of Gypsy and Traveller pitches that must be provided in each local planning authority area.  EERA is currently carrying out a Single Issue Review of Gypsies and Travellers.  The review has sought to identify the overall level of need in the region and has consulted on both the number and possible distribution of Gypsy and Traveller pitches in the region.  The consultation document put forward two options for Stevenage: one for 7 pitches and one for 15 pitches in the next 5 years.  The next stage of consultation is due to take place in early 2008 and the whole process will be completed by late 2009.  Please visit www.eera.gov.uk to find out more.

If the outcome of the Single Issue Review will not be known until 2009 why are Stevenage and partners looking at potential areas for sites now?

Stevenage is starting work on a number of site specific planning documents which will allocate land for different kinds of uses such as housing, employment, shopping, etc.  At the end of the plan preparation process an independent Inspector will examine each plan and decide whether it is “sound”.  If the Inspector considers that a plan is “unsound” then changes may be imposed or the council may be forced to go back and do it again.  This is a costly and undesirable situation.  Our site specific plans may be found unsound if they do not consider options for providing new Gypsy and Traveller pitches.  At the moment we cannot predict the outcome of the EERA Single Issue Review.  If it says that Stevenage must provide a new Gypsy and Traveller site and we have not properly considered this possibility then our plans could be found “unsound”.

What happens if the outcome of the EERA Single Issue Review is that a site is not needed?

If it turns out that a new Gypsy and Traveller site is not needed in Stevenage then the council would not propose to allocate a site.

What is the ORS report and why was it carried out?

Broxbourne, East Hertfordshire, North Hertfordshire, Stevenage and Welwyn Hatfield councils jointly commissioned ORS consultants to carry out an accommodation assessment of Gypsies and Travellers in northern and eastern Hertfordshire.  This was carried out to comply with Government guidance.  The report identifies a need for 35 additional permanent pitches and 10 transit pitches in the area in the period 2006-2011.

What is the Scott Wilson report and why was it carried out?

Broxbourne, East Hertfordshire, North Hertfordshire, Stevenage and Welwyn Hatfield councils jointly commissioned Scott Wilson consultants to identify potential areas for Gypsy and Traveller sites.  Scott Wilson were asked to develop criteria for site selection, to identify potential areas, to appraise potential areas and to recommend preferred options.  The did this by discounting constrained areas of land such as Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest and ancient woodland.  They then searched in areas close to services such as doctors and schools.  Finally they appraised areas in terms of access, landscape character and topography.  As a result of this process the report identifies 21 potential areas of search for Gypsy and Traveller sites across the 5 authorities.  It identifies one area in the north east of Stevenage where a new site could be located.  It also identifies one Green Belt area in north Stevenage where a new site could be located if no alternative sites are available.  It also considers that the existing Dyes Lane Gypsy and Traveller site to the west of the A1(M) could be expanded.

Are the “areas of search” identified in the Scott Wilson report those which the council favour for Gypsy and Traveller sites?

Not necessarily.  The Scott Wilson report states that its recommendations represent the views of the consultants.  They are not endorsed by the council at this stage.  We intend to use the results of the study to inform planning documents.  It is likely that we will also consider alternative options.  This includes the option to expand the existing Dyes Lane site.

Where can I view or purchase the Scott Wilson report?

You can view the Scott Wilson report online and in our Daneshill House office.  It also available to view at other locations in Broxbourne, East Hertfordshire, North Hertfordshire and Welwyn Hatfield.  Please contact the respective council or visit their website to find out where.

Hard copies of the report can be purchase from the council for £35 + p&p.  CD copies can be purchased for £5.  You can request a hard copy or CD by contacting us at:

Cheques should be made payable to “Stevenage Borough Council”

What are the next steps? 

The council will be publishing the Stevenage and North Hertfordshire Action Plan Key Issues consultation document in November 2007 and the Site Specific Policies Preferred Options consultation document in October 2008.  These will take account of the regional plan and all available evidence to make informed decisions about Gypsy and Traveller sites.  A final decision will only be taken once plans are submitted and examined by an independent Inspector.

Will neighbouring residents be compensated for loss of housing value? 

This is not a planning issue.

How will the council consult the community?

The council will consult the community on all its planning documents.  Documents will be available on our website, to view or buy from our council office and to view at local libraries.  We will place an advert in local newspapers and send information to everyone on our consultation database.  Please let us know if you would like to be added to our consultation database.

Can the council deal with unauthorised encampments?

If Gypsies and Travellers have gained unauthorised access to council land officers will liaise with bailiffs and the Police to have the Gypsies and Travellers moved from the site.  If there is an unauthorised encampment on private land the council will be happy to provide advice to the land owner. 

Does the council have a duty to move Gypsies and Travellers when they are camped without the landowner's permission?

No. If Gypsies and Travellers are camped on council land the council can evict them.  If they are on private land, it is usually the landowner's responsibility. The Government has advised that when Gypsies and Travellers are not causing a problem, the site may be tolerated.  If Gypsies and Travellers camp on private land the landowner can talk to them to see if a leaving date can be agreed, take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for eviction.  There must be a minimum of two clear days between service of document and the Court hearing.

What if the landowner decides to let them stay on the land temporarily?

Unless the landowner has already obtained planning permission for a caravan site or is a farmer and the Gypsies and Travellers are helping with fruit picking etc then the landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites. You may wish to seek further advice from the Council's Environmental Health section, which deals with illegal encampments.

What will the council do if the landowner fails to take the appropriate action to remove the Gypsies and Travellers?

If the landowner is in breach of any planning or license requirements then the council will take proceedings against the landowner to require removal of the illegal encampment.

I have seen Gypsies and Travellers camping on the side of the road and sometimes on parks or other council-owned land, what can the council do in these cases?

If the Gypsies and Travellers are causing problems they will be moved on as soon as is possible and reasonable. The council will consider each case on its merits. In all cases the site is visited and every effort made to make sure that the Gypsies and Travellers keep the site tidy and do not cause public health problems. This sometimes means that refuse collection facilities may be provided for this purpose.

Can the council remove Gypsies and Travellers from their land immediately?

No, the council must show that the Gypsies and Travellers are on the land without consent, make enquiries regarding the general health, welfare and children’s education, ensure that the Human Rights Act  1998 has been fully complied with, follow a set procedure in terms of providing ownership of land and details of the illegal encampments that will enable them to successfully obtain the necessary authority from the Courts to order the Gypsies and Travellers to leave the site.

How long will it take for the Gypsies and Travellers to be removed?

This will depend upon the circumstances of each individual case.  The council will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.

Can the court refuse to grant the council an order to move Gypsies and Travellers on?

Yes. If there is an unavoidable reason for the Gypsies and Travellers to stay on the site or if the Court believes that the council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies and Travellers.  The council must try to find out this information before going to Court.

What can the Police do?

The Police will visit all sites reported to them.  In certain circumstances (for example, where the Gypsies and Travellers have with them six or more vehicles) officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994.  These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.  The Police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.  The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of Trespass and the removal of trespassers are the responsibilities of the landowner and not the Police.  The Police will investigate all criminal and Public Order offences.

Planning Policy
Stevenage Borough Council
Daneshill House
Danestrete
Stevenage
Herts
SG1 1HN

Email: planningpolicy@stevenage.gov.uk
Telephone: 01438 242823
Fax: 01438 242922

Planning and Regeneration