Localism Bill

My Lords, it would be impossible to respond to my noble friend's amendment without paying tribute to his lifetime's support to Gypsies, Travellers and those in housing need. The previous Government's model of top-down pitch targets has not delivered. Between 2000 and 2010, the number of caravans on unauthorised developments increased from 728 to 2,395. That is the caravan count published by DCLG. Local authorities are best placed to assess the needs of their communities, including Travellers. Our proposed planning policy asks local authorities to set targets for Traveller sites that are underpinned by a strong evidence base. The policy set out clear consequences for those authorities which do not make available land to meet the need that they have identified. The duty to co-operate will ensure that local authorities continue to work together on strategic issues. It will require local planning authorities, county councils and other public bodies to engage constructively, actively, and on an ongoing basis in the planning process. Local authorities will be required to demonstrate compliance with the duty as part of the public examination of local plans. If an authority cannot demonstrate that it has complied with the duty, its plan will not pass the independent examination. A policy-led approach is a more appropriate one through which to address provision of sites through the planning system. The national, regional and local need for accommodation for Travellers would be a relevant material consideration for the decision-maker in any event. The planning, compulsory purchase and town and country planning Acts require that planning decisions are made in accordance with the development plan unless material considerations indicate otherwise. Any consideration which relates to the use or development of land is capable of being a material consideration. On Amendment 182, which is linked with Amendments 170B and 170C in the Marshalled List, the majority of new Traveller sites are small, private ones provided by Travellers themselves, not local authorities. That meets community aspirations on tenure, and their small size can aid integration with the settled community. A duty for local authorities to provide sites would therefore not be appropriate. That was the finding of a recent Equality and Human Rights Commission report, entitled Assessing Local Authorities’ Progress in Meeting the Accommodation Needs of Gypsy and Traveller Communities in England and Wales: 2010 Update. The DCLG-chaired, cross-government ministerial working group on Gypsy and Traveller inequality includes a work stream to encourage new development of small, private sites and better publicity of the success of existing small private sites. That work was included following consultation with members and representatives of the Travelling community, among whom there is a consensus that such site accommodation is preferable to public sites provision. The planning system is therefore the key place to deliver the provision. The Government published our proposed new planning policy for Traveller sites on 13 April. It tells local authorities to use a robust evidence base of local need, to set targets for sites and identify land to meet those targets. The draft policy is out to consultation. When I got the notes, they said until 6 July, but it has been pushed on to 3 August, so if noble Lords want to give their views, they are welcome to do so and have until 3 August. Local authorities are subject to a statutory duty under Section 225 of the Housing Act 2004 to carry out an assessment of the accommodation needs of Gypsies and Travellers residing in or resorting to their district when they are undertaking a review of housing need in their district under Section 8 of the Housing Act 1985. All local authorities prepare Gypsy and Traveller accommodation assessments under that duty, and some, such as Somerset County Council, have begun undertaking new assessments of need for Travellers residing in or resorting to their areas. Given my response, I hope that the noble Lord will feel able to withdraw his amendment.