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Representation 9715 on Examination Consultation Provision for Gypsies and Travellers by Derbyshire County Council (Mr Steven Buffery)

Support / Object: OBJECT
Document Link: Examination Consultation Provision for Gypsies and Travellers - Main Matter 15 - Whether or not the plan would make appropriate provision for gypsy and traveller accommodation over the plan period having regard to the evidence of need and proposed sites?, Issue - Whether or not the proposed sites identified for gypsy and traveller accommodation would be soundly based in terms of their location and site specific impacts, Site GT/06 - Greenway, Wingerworth, Question 25
Representation: Summary by Officer

Highways Comments
A satisfactory access is not achievable from Greenway, due to insufficient width, at the site boundary with the publicly maintainable highway.

When taking account of the planned changes to the road layout associated with the consented housing site opposite the proposed site, the provision of a safe access direct from the A61 is not possible.

Landscape Comments
The site is relatively small and unlikely to have any significant landscape or visual effects.

Flood Risk Comments
There are no flood risk issues associated with the proposed use of the site.

Original submission

NORTH EAST DERBYSHIRE LOCAL PLAN EXAMINATION CONSULTATION
PROVISION FOR GYPSIES AND TRAVELLERS
MATTERS, ISSUES AND QUESTIONS
STATEMENT ON BEHALF OF DERBYSHIRE COUNTY COUNCIL
Main Matter 15: Whether or not the plan would make appropriate provision for
Gypsy and Traveller accommodation over the plan period having regard to the
evidence of need and proposed sites.
Issue: Whether the plan is based on a robust assessment of need for gypsies
and travellers (Questions 1 to 7 and 9)
Derby, Derbyshire, Peak District National Park Authority and East Staffordshire Gypsy
and Traveller Accommodation Assessment
1.1 Under the requirements of the Duty to Cooperate set out in the Localism Act
and in accordance with the provisions of the (former) National Planning Policy
Framework (NPPF) (2012) and Planning Policy for Traveller Sites (PPTS)
(2012), the Derby, Derbyshire, Peak District National Park Authority and East
Staffordshire Gypsy and Traveller Accommodation Assessment (GTAA) was
jointly commissioned in August 2013 by the following partners to update the
previous GTAAs published in 2008 for Derbyshire and 2013 for East
Staffordshire:
* Amber Valley Borough Council
* Bolsover District Council
* Chesterfield Borough Council
* Derby City Council
* Derbyshire County Council
* Derbyshire Dales District Council
* Derbyshire Gypsy Liaison Group
* East Staffordshire Borough Council
* Erewash Borough Council
* High Peak Borough Council
* North East Derbyshire District Council
* Peak District National Park Authority
* South Derbyshire District Council.
1.2 Derbyshire County Council was the lead authority for overseeing the
commissioning and project management of the GTAA. RRR Consultancy
Limited was commissioned to undertake the assessment in August 2013,
following which extensive consultation and liaison took place between RRR and
the partners (including North East Derbyshire District Council) over the course
of the commission. North East Derbyshire District Council's officers were also
represented on a Steering Group, which was set up to oversee the preparation
of the GTAA. RRR completed the final version of the GTAA on 26 June 2015.
1.3 The methodology applied in the GTAA is based on the approach recommended
in PPTS and other Practice Guidance issued by the (then) Department for
Communities and Local Government (CLG). It contains seven basic
components: five assessing need and two assessing supply, which are applied
to each sub-group of Gypsies and Travellers based on primary data and using
a fifteen stage assessment process. The GTAA draws on primary and
secondary data sources including:
* Primary data: face-to-face surveys with Gypsies, Travellers and Travelling
Show people;
* Secondary information: including a literature review and secondary data
analysis, for example, analysis of the Department for Communities and Local
Government's Bi-Annual Traveller Caravan Count; and
* Stakeholder consultation with local organisations involved with Gypsies,
Travellers and Travelling Show people.
1.4 The GTAA has a base date of 2014 and provides a snapshot in time based
largely on survey evidence collected between October 2013 and February
2014. The GTAA sets out recommendations for the accommodation needs
across the study area as a whole and for each local authority area for the period
2014 to 2034, showing need for the number of:
* Permanent Gypsy and Traveller pitches;
* Travelling Show people plots;
* Transit sites / emergency stopping places (study area as a whole only);
* Bricks and mortar accommodation units.
1.5 The 15 stage assessment process takes account of overcrowding on existing
sites (stage 12), newly forming households (stage 14) and future household
formation from families moving out of bricks and mortar accommodation (stage
15).
1.6 The GTAA does not identify specific sites to accommodate future pitch and plot
requirements in the study area. The Assessment makes it clear that this will be
the responsibility of the individual city, district and borough local planning
authorities (LPAs) through the preparation and review of their local plans.
1.7 The final GTAA report was agreed by all Derbyshire partners, including North
East Derbyshire District Council, for publication on Derbyshire County Council's
website in August 2015. Since its publication, the GTAA has been used by all
the partner authorities in Derbyshire, including North East Derbyshire District
Council, to inform policies for the pitch and plot requirements set out in their
emerging Local Plans.
1.8 For North East Derbyshire District, based on the 15 stage assessment
methodology, the GTAA recommends that there is an overall requirement for a
total of 15 additional Gypsy and Traveller pitches over the period 2014 to 2034,
together with 7 additional bricks and mortar units. The Assessment does not
identify the need for any additional Travelling Showpeople's plots in North East
Derbyshire District. The assessment indicates a need for 6 Traveller pitches to
be provided in the period 2014 - 2019 and 9 additional pitches to be provided
thereafter over the period 2019 - 2034.
1.9 Section 10.61 and 10.62 of the GTAA also sets out recommendations for the
site size of new pitches noting that as a general guide, an average family pitch
must be capable of accommodating at least an amenity building, a large trailer
and touring caravan, drying space for clothes, a lockable shed, parking space
for two vehicles and a small garden area.
1.10 Section 10.62 indicates that a pitch of approximately 325 square metres would
take into account all minimum separation distance requirements between
caravans and pitch boundaries as stipulated in guidance and regulations for
caravan development. A pitch size of at least 500 square metres would
accommodate the following on-pitch facilities:
* Hard standing for 1 touring / mobile caravan and 1 static caravan;
* 2 car parking spaces;
* 1 amenity block;
* Hard standing for storage shed and drying space;
* Garden / amenity area.
1.11 Derbyshire County Council's officers consider that the GTAA is a
comprehensive, thorough, robust and up-to-date piece of evidence to inform
the pitch and plot requirements that are being identified in emerging district and
borough Local Plans across Derbyshire, particularly the pitch and plot
requirements over the period 2014 to 2019. The GTAA has been tested at a
number of Local Plan Examinations in Public (EIPs) since it was published and
has been deemed by respective Inspectors to provide a sound and robust basis
for the assessment of Gypsy and Traveller pitch and Travelling Showpeople's
plot provision in emerging Local Plans. Although Planning Policy for Traveller
Sites has been revised by Government (August 2015) since the GTAA was
published, primarily relating to Green Belt matters and an amended definition
of Gypsies and Travellers, the GTAA is still considered to be compliant with
requirements for accommodation assessments in the revised Policy document.
1.12 The Derbyshire Traveller Issues Working Group (TIWG) comprises officers
from all the local authorities in Derbyshire, including officers from the
emergency services and health organisations, who have responsibility for
Gypsy and Traveller matters. The TIWG has been monitoring the
recommendations, implications and requirements of the GTAA, since it was
published in August 2015. At the time of writing, there are no firm proposals at
the current time by the TIWG to commission a refresh or update of the GTAA.
However, in the context that it is likely that there may be a need to commission
such an update in 2019, once the first five year pitch requirement period in the
GTAA has expired, the TIWG discussed the issue of a need to update the GTAA
at its meeting on 5 February 2019. Prior to the meeting, RRR Consultancy had
been contacted by Derbyshire County Council's Officers for a quote for
undertaking a full review of the GTAA. Agreement was reached at the TIWG
meeting by partners that this issue should be discussed more widely with all the
respective local planning authorities in the coming weeks, particularly at a
forthcoming Derbyshire Planning Policy Officer Group meeting on 7 March
2019, including the investigation of potential funding sources.
Investigation of Derbyshire County Council owned sites as possible sites for Gypsies
and Travellers (Question 1)
1.13 In the context of the Duty to Cooperate, Derbyshire County Council's officers
have engaged in joint working with officers from North East Derbyshire District
Council over the last 16 months or so to seek to identify land in the County
Council's ownership that might be suitable for use as Gypsy and Traveller sites.
A number of potential sites were initially identified by Derbyshire County
Council's officers, which were subsequently assessed in further detail for their
suitability based on a range of criteria, particularly their location, highways and
environmental impacts, planning policy constraints and continuing operational
requirements by the County Council. As a result of this detailed analysis,
Derbyshire County Council's officers concluded that none of the potential sites
were suitable for release for Gypsy and Traveller accommodation. North East
Derbyshire District Council was subsequently informed of the County Council's
position.
Issue: Whether or not the proposed sites identified for Gypsy and Traveller
accommodation would be soundly based in terms of their location and site
specific impacts.
1.14 As part of the County Council's consideration of the acceptability of the four
sites, which North East Derbyshire District Council are proposing for allocation,
consultation has been undertaken with County Councillor Kevin Gillott, Clay
Cross South Electoral Division; County Councillor Nigel Barker, Sutton
Electoral Division; and County Councillor Brian Wright, Clay Cross North
Electoral Division for their comments on the respective sites which fall within
their electoral divisions. Their comments are set out below, where relevant,
relating to the respective sites.
1.15 In addition, consultation has also been carried out with a range of Derbyshire
County Council's officers for comments on the acceptability of the proposed site
allocations in respect of their highways, landscape and flood risk implications.
These officer comments are set out below where appropriate.
Site CAL/2301T - The Old Potato Store, Dark Lane, Calow (2 pitches)
Q 15: Can a satisfactory form of development be achieved on the site?
Landscape Comments
1.16 The site is relatively small and unlikely to have any significant landscape or
visual effects.
Flood Risk Comments
1.17 There are no flood risk issues associated with the proposed use of the site.
Highways Comments
1.18 Due to its small scale, no highways comments are made on this site.
Site NW/2310T/ Dark Lane, North Wingfield
Q 19: Can a satisfactory form of development be achieved on the site?
Councillor Comments
1.19 Councillor Nigel Barker has commented that he will be objecting to the proposed
site on Dark Lane at North Wingfield but this will be on issues beyond highways
matters and therefore he will submit his comments to the Inspector at a later date.
Landscape Comments
1.20 The site is relatively small and unlikely to have any significant landscape or
visual effects.
Flood Risk Comments
1.21 There are no flood risk issues associated with the proposed use of the site.
Highways Comments
1.22 Due to its small scale, no highways comments are made on this site.
Site GT/06 - Greenway, Wingerworth
Q 15: Can a satisfactory form of development be achieved on the site?
Highways Comments
1.23 An initial site inspection revealed that a satisfactory access was not achievable
from Greenway, due to insufficient width, at the site boundary with the publicly
maintainable highway. The site boundary with Derby Road appeared of
sufficient width to cater for a vehicular access and there was therefore,
potential, for some form of direct access onto Derby Road.
1.24 However, the site was situated on a long downhill gradient, on the outside of a
sweeping bend and given that Derby Road at this point was subject to a 50mph
speed limit, the County Council advised the District Council that there were
concerns relating to the potential impact on the existing highway and that the
required level of exit visibility may not be achievable (the required level of
visibility is based upon the speed limit of the road in question or alternatively,
the 85th percentile of measured speeds).
1.25 Subsequently, a speed survey was commissioned by the District Council which
determined the required level of visibility necessary (2.4m x 116m & 2.4m x
103m); the site was then measured by the County Council which established
that a satisfactory level of visibility was achievable for the measured speeds on
this section of road. The District Council was advised that the required level of
visibility was achievable.
1.26 The County Council also considered the proposed access to a consented
residential development site, which was almost directly opposite the potential
traveller site. The plans for the residential development incorporated a right
turn harbourage with associated approach markings and hatching.
1.27 When taking the planned changes to the road layout into account, the provision
of a traveller site access would have resulted in traveller vehicles
entering/exiting the site encroaching upon the road markings/hatching and
potentially affecting vehicles turning right into the residential development.
1.28 The potential for shortening the proposed right turn harbourage running lane
was investigated, however it was found that this would impact upon the
deceleration requirements for this road layout, and may have resulted in an
increased risk of collision for other road users.
1.29 The potential for providing a 'left in - left out' arrangement was also investigated,
however a number of issues with the site including limited site frontage, the
presence of undertakers equipment and the positioning of motorists at the
access meant that it was unlikely that a suitable access could be designed to
ensure enforceability and which would not adversely affect the free and safe
flow of traffic on Derby Road.
1.30 In view of the above matters it was established that the provision of a safe
access at this site was not possible, and the District Council was advised
accordingly.
Landscape Comments
1.31 The site is relatively small and unlikely to have any significant landscape or
visual effects.
Flood Risk Comments
1.32 There are no flood risk issues associated with the proposed use of the site.
Site GT/09/Temporance Hill, Woolley Moor
Q 15: Can a satisfactory form of development be achieved on the site?
Member Comments
1.33 Councillor Kevin Gillott objects to the proposed Gypsy and Travellers site and
will be submitting his objection direct to the Inspector.
Highways Comments
1.34 The County Council was consulted on this site at the same time as the
Wingerworth site. An initial site inspection revealed that the site was
approached in both directions via narrow and relatively steep lanes. A tractor
and trailer was observed travelling past the site and it was therefore considered
that the site would be accessible to towing caravans, however it could not be
determined that adequate visibility was achievable in either direction.
1.35 As with the Wingerworth site, a speed survey was commissioned by the District
Council and the site measured to determine whether a satisfactory level of
visibility was achievable. Given the approaches to the site, the measured
speeds were predictably low, and as a result the required visibility splays were
shortened to comply with the national criteria (2.4m x 47m & 2.4m x 38m).
Consequently, it was established that the site could meet the visibility criteria in
both directions, and could be reasonably expected to be accessible to, and
cater for, a limited number of traveller vehicles.
Landscape Appraisal
1.36 This is the most sensitive site of the four sites under consideration, as reflected
in the landscape and visual impact assessment that has been prepared for this
site. The LVIA acknowledges that this site is located in an area of 'Primary
Sensitivity' as defined in the County Council's Areas of Multiple Environmental
Sensitivity (AMES) study. However, the site almost presents itself as informal
open space with an open frontage to Temperance Hill. Provided the
recommended mitigation proposals were undertaken and there are not
secondary impacts associated with highway improvement requirements, then it
may be possible for this site to be developed as a Gypsy and Traveller location,
without having adverse impacts on the surrounding landscape. Officers would
strongly urge North East Derbyshire District Council to secure these
requirements prior to allocation.
Flood Risk Comments
1.37 There are no flood risk issues associated with the proposed use of the site.
Issue: Whether or not the approach to assessing other proposals for Gypsy and
Traveller and Travelling Showpeople's accommodation would be soundly based
and five year supply (Question 32)
1.38 Derbyshire County Council submitted comments on the North East Derbyshire
Local Plan Publication Draft on 4 April 2018. With regard to the policy approach
for Gypsies and Travellers in the Plan, Derbyshire County Council made the
following comments:
The GTAA recommended that there was a requirement for 15 additional pitches
in North East Derbyshire District between 2014 and 2034, of which 6 pitches
would be required between 2014 - 2019 and 3 pitches for each five year period
thereafter up to 2034. This is appropriately set out in paragraph 5.103 of the
LPPD, which is welcomed. It is noted that paragraph 5.106 makes reference to
the fact that although to date, no sites have come forward which allow the
District Council to propose site allocations in the LPPD, work on identifying
potential allocations is continuing by the District Council. Officers of Derbyshire
County Council are currently liaising with officers at NEDDC to assess the
suitability of a number of sites in the County Council's ownership for the
provision of Gypsy and Traveller accommodation.
In the context of this on-going work, the inclusion in the LPPD of Policy LC9 is
broadly supported, which indicates that sites will be 'encouraged' to meet the
accommodation needs of Travellers and which sets out a range of criteria for
the assessment of any potential sites that come forward for Traveller pitches,
in line with the recommendations of national policy guidance for Travellers in
Planning Policy for Traveller Sites. It is recommended, however, that the
wording of the Policy should be amended to set out a firmer commitment by the
District Council to ensure that sites are brought forward for Travellers to meet
the identified need such as:
The District Council will seek to ensure the provision of sufficient pitches within
the District to meet the accommodation needs of gypsies and travellers as
assessed through the current Gypsy and Traveller Accommodation
Assessment (or its replacement).

Attached Files for this Submission


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