AGENDA ITEM

CITY AND COUNTY OF CARDIFF

DINAS A SIR CAERDYDD

COMMUNITY AND ADULT SERVICES SCRUTINY COMMITTEE

31 March 2011

THE PROVISION OF ACCOMMODATION FOR GYPSY & TRAVELLER

HOUSEHOLDS IN CARDIFF - Report of the Task and Finish Group

Background

1. At it’s meeting of 16th September 2010, the Community and Adult

Services Scrutiny Committee agreed a Task & Finish group to
investigate the provision of accommodation for Gypsy & Traveller
households in Cardiff. This report provides background information about
the Inquiry and outlines the next steps in the process.

2. The Committee agreed the following Terms of Reference for the task
group:

o To consider the statutory requirements for local authorities with regard

to Gypsy and Traveller accommodation and ensure they are being
upheld in Cardiff.

o To assess the current accommodation provision available to Gypsy

and Traveller households living in Cardiff (both permanent and
transient groups)

o To examine the assessment of future accommodation needs and

supply for Gypsy & Traveller households in Cardiff

o To examine the criteria and process for the selection of future sites for
Gypsy & Traveller accommodation in Cardiff
 o To compare the balance between supply and demand for Gypsy &
Traveller household accommodation with other neighbouring Local
Authority areas as far as practicable to gain a wider understanding of
the demand and provision in South Wales

o To consider how Gypsy and Travellers have access to local democracy

with regard to planning and housing policies, procedures and
processes

o To enable Gypsy & Traveller communities to have a voice in the

process of this Inquiry.

3. Members of the Task & Finish group were:

Councillor Ralph Cook (Chair)
Councillor Geraldine Grant
Councillor John Ireland
Councillor Bill Kelloway.1

4 As part of this inquiry, the Scrutiny Research Team was commissioned

to undertake a desk-based survey of the Supply of & Demand for
Gypsy & Traveller Accommodation in Cardiff’s neighbouring local
authorities. The findings of the research are attached to the Inquiry
report as Appendix B.

5 The task group Inquiry was informed by evidence from Councillor

Margaret Jones, Executive Members with portfolio for Environment,
Councillor Judith Woodman, Executive Member with portfolio for
Communities, Housing and Social Justice, Sean Hannaby, Chief
Strategic Planning & Environment Officer, Sarah McGill, Chief Housing
& Neighbourhood Renewal Officer and various relevant officers from
the Planning and Housing service areas.

1
Councillors Bowden, Rees and Rogers participated in the early stage of the Inquiry but had to
withdraw for various reasons prior to the conclusion of the Inquiry and they have not contributed to the
development of this report.
6 The task group Inquiry also heard from the following external
witnesses:

o Tim Wilson, Director, Cardiff Gypsy & Traveller Project

o Mark Newey, Head of Plans, Welsh Assembly Government
o Jim McKirdle, Housing Policy Officer, WLGA
o Craig Mitchell, Regeneration & Environment Policy Officer,
WLGA
o John Davies, Director for Wales, The Planning Inspectorate
o Nicola Gulley, Representative from South East Wales Strategic
Planning Group
o Adrian Wilcock, Representative from South East Wales
Strategic Planning Group

7 This was supplemented by written submissions from the following:

o Carol-Ann Mooney, Head of Inclusion Unit, Welsh Assembly
Government - (attached as Appendix A to the Inquiry Report)
o The National Gypsy Council.
o Mark Jennings, Chair, South East Wales Regional Housing Forum

Way Forward

8 The draft report of the Task & Finish Group is attached at Appendix 1.
Members’ attention is particularly drawn to the Key Findings section
(pages 7-19) and the Recommendations section (pages 20-25). These
are based on the evidence heard throughout the Task & Finish Group
Inquiry.

9 Members may wish to consider the report, make any amendments and
agree whether to approve the report to be considered by the Executive.

10 Provided the Community and Adult Services Scrutiny Committee

approve the report, the Chair will present it to the Executive at the next
available Executive Business Meeting. The Executive will then respond
 to the report and their response will be brought back to this Committee
for discussion.

Legal Implications

11 The Scrutiny Committee is empowered to enquire, consider, review

and recommend but not making policy decisions. As the
recommendations in this report are to consider and review matters
there are no direct legal implications. However, legal implications may
arise if and when the matters under review are implemented with or
without any modifications. Any report with recommendations for
decision that goes to Executive/Council will set out any legal
implications arising from those recommendations. All decisions taken
by or on behalf the Council must (a) be within the legal powers of the
Council; (b) comply with any procedural requirement imposed by law;
(c) be within the powers of the body or person exercising powers of
behalf of the Council; (d) be undertaken in accordance with the
procedural requirements imposed by the Council e.g. Scrutiny
Procedure Rules; (e) be fully and properly informed; (f) be properly
motivated; (g) be taken having regard to the Council's fiduciary duty to
its taxpayers; and (h) be reasonable and proper in all the
circumstances

Financial Implications

12 The Scrutiny Committee is empowered to enquire, consider, review

and recommend but not making policy decisions. As the
recommendations in this report are to consider and review matters
there are no direct financial implications at this stage in relation to any
of the work programme. However, financial implications may arise if
and when the matters under review are implemented with or without
any modifications. Any report with recommendations for decision that
goes to Executive/Council will set out any financial implications arising
from those recommendations.
RECOMMENDATIONS

The Committee is recommended to:

1. Consider the report of the Task and Finish Group

2. Endorse the report, subject to any comments the Committee wish to

make, for submission to the Executive.

MIKE DAVIES
Head of Democratic Services
28th March 2011
 A Report of the:
Community & Adult Services
Scrutiny Committee

The Provision of
Accommodation for Gypsy &
Traveller Households in
Cardiff
March 2011
V0.5

County Council of The City and County of Cardiff

1
 CONTENTS

Chair’s Foreword 4

Terms of Reference 5-6

Key Findings 7-19

20-25
Recommendations

Context

Gypsy & Traveller Communities in Cardiff 26

Current Provision in Cardiff 27

- conditions on existing local authority sites 28
- site management of local authority sites 30
Current Provision in Neighbouring Local Authority areas 31

Statutory Duties regarding Enabling Gypsy & Traveller 33

Accommodation
Local Development Plans 34

Cardiff Council’s LDP 36

Gypsy & Traveller Accommodation Assessments 37

Concerns regarding LDP & GTAA methodologies 37

41
Cardiff’s GTAA

Level of assessed need in Cardiff 42

Views on Cardiff GTAA 43
45
Neighbouring Local Authority GTAAs
Level of assessed need in neighbouring local authorities 45
Views on neighbouring local authority GTAAs 47

Next Steps in Enabling Provision of Gypsy & Traveller 48

Accommodation

2
 Testing the GTAA 48

Varying the GTAA 51

Possible Types of Provision 52

Location of Sites 53

Financing Provision 55

Regional Provision 55

Taking Regional Provision Forward 63

Role of Other Bodies 64

Welsh Assembly Government 64

Regional Fora 64

Other Issues Identified 65

Inquiry Methodology 67

Legal Implications 68

Financial Implications 68

Community & Adult Services Scrutiny Committee

69
Membership

Terms of Reference 70

Appendix A: Written Submission from Welsh Assembly

Government
Appendix B: Research Report - The Supply of & Demand for
Gypsy & Traveller Accommodation in Cardiff’s neighbouring
local authorities in South East Wales
Appendix C: Résumé of Site Visits

3
 CHAIR’S FOREWORD

Councillor Ralph Cook

Chair, Community & Adult Services Scrutiny Committee
XX 2011

4
 TERMS OF REFERENCE

a. At its meeting on 16th September 2010, the Community & Adult Services
Scrutiny Committee agreed to establish a Task & Finish group to
investigate ‘The Provision of Accommodation for Gypsy & Traveller
Households in Cardiff’. The task group had the following Terms of
Reference:

o To consider the statutory requirements for local authorities with

regard to Gypsy and Traveller accommodation and ensure they are
being upheld in Cardiff

o To assess the current accommodation provision available to Gypsy

and Traveller households living in Cardiff (both permanent and
transient groups)

o To examine the assessment of future accommodation needs and

supply for Gypsy & Traveller households in Cardiff

o To examine the criteria and process for the selection of future sites
for Gypsy & Traveller accommodation in Cardiff

o To compare the balance between supply and demand for Gypsy &
Traveller household accommodation with other neighbouring Local
Authority areas as far as practicable to gain a wider understanding
of the demand and provision in South Wales

o To consider how Gypsy and Travellers have access to local

democracy with regard to planning and housing policies,
procedures and processes

5
 o To enable Gypsy & Traveller communities to have a voice in the
process of this Inquiry.

b. The outputs/outcomes from this investigation were to be:

o To make recommendations to the Executive and other relevant

bodies to enable the:

• Effective balancing of supply and demand for Gypsy &

Traveller household accommodation in Cardiff

• Development of LDP proposals that fulfil the statutory

requirements and withstand review by Planning Inspectorate

• Provision of accommodation for Gypsy & Traveller households

in Cardiff that meet our statutory duties

• Development of better relationships between Gypsy &

Traveller communities and Members

c. Given the nature of the Inquiry, the Chair decided to open up

membership of the Task & Finish group to all scrutiny members and the
Committee agreed that the Membership would comprise:

Councillor Ralph Cook (Chair)

Councillor Geraldine Grant
Councillor John Ireland
Councillor Bill Kelloway1

1
Councillors Bowden, Rees and Rogers participated in the early stage of the Inquiry but had
to withdraw for various reasons prior to the conclusion of the Inquiry and thus have not
contributed to the development of this report.

6
 KEY FINDINGS

Context

G & T communities in Cardiff

KF1. Cardiff has established Gypsy & Traveller communities, the majority of
whom were born in Cardiff; amongst residents on the two local authority
sites, 81% were born in Cardiff, rising to 91% for those under 25 years
old. There is an approximate 50% split between English and Welsh
Gypsies and Irish Travellers. The majority of the Gypsy & Traveller
communities live in one corner of Cardiff, in the east of the city.
Approximately 46% of Gypsy & Traveller households live in bricks and
mortar housing.

Current Provision in Cardiff

KF2. The basic provision has remained the same since the 1970s, although
ownership has changed, with one of the private sites becoming a Local
Authority site in the 1980s. There are currently: two Local Authority
sites, with 76 pitches between them and 146 caravans; four authorised
private sites, with four caravans between them; one unauthorised site,
with 11 caravans and, in the last twelve months, three roadside
encampments2.

Conditions on existing LA sites

KF3. Whilst the Shirenewton Caravan Site is in good condition, the Rover
Way Caravan Site has very poor site conditions. Both sites are
overcrowded. Housing officers told the Inquiry that the Rover Way site
should close. However, the Cardiff Gypsy & Traveller Project advised
that many families at the Rover Way Caravan site wish to remain on
Rover Way; this was borne out by conversations that Members had with
residents, who stated that they wished to remain on Rover Way.

2
Taken from latest available figures in Gypsy & Caravan Count July 2010 - Welsh Assembly
Government and from information supplied by Cardiff Gypsy & Traveller Project.

7
KF4. Members noted from their site visits that there are no footpaths to
enable pedestrian access to and from the existing local authority sites to
local amenities and existing footpath networks and that this exposes
pedestrians to unacceptable risk from traffic, particularly on Rover Way
which is used by heavy industrial traffic.

Site Management of LA sites

KF5. The rents and service charges charged in Cardiff are significantly lower
compared to other local authority sites but the Council has started the
process of raising rents to achieve breakeven position. There is an
increasing trend line in Rover Way maintenance costs.

Current provision in neighbouring local authority areas

KF6. Research for this Inquiry found that, overall, in neighbouring local
authorities, there are currently 26 sites providing 138 permanent pitches
and five transit pitches accommodating between 158-168 caravans.
There are four local authority sites and the remaining 22 sites are
private, of which ten are authorised and a further seven are tolerated.

Statutory Duties

KF7. There are two main statutory duties for Welsh Local Authorities with
regard to enabling the provision of accommodation for Gypsies and
Travellers; preparing a Local Development Plan (LDP) and carrying out
a Gypsy & Traveller Accommodation Assessment (GTAA).

LDPs
KF8. In order to meet legal requirements, Cardiff Council has to prepare an
LDP that is robust and evidence- based. The Council is proposing to
define the settlement as Cardiff as a whole and to allocate named sites
to meet need in the Deposit Plan, due out for consultation in Autumn
2012.

8
KF9. The LDP must contain appropriate policies to meet the needs identified
by the GTAA including: criteria-based policy for site identification and
selection for needs arising in the future; and specific, named sites
allocated to meet unmet, existing need. The new Housing LCO allows
Welsh Ministers to place a duty on local authorities to provide Gypsy &
Travellers sites; this is to provide a legislative safeguard in the event
that a non-statutory approach does not deliver the aim of securing
appropriate sites for the Gypsy & Traveller community.

KF10. The Welsh Assembly Guidance is clear that the local planning authority
should work with the Gypsy & Traveller community to encourage them
to put forward candidate sites and that there should be representations
from Gypsy and Traveller communities and stakeholders and their
representatives at the LDP Deposit Stage. The Planning Inspectorate
will invite them to the Hearing Stage and assess and probe local
authority evidence to see if it supports the direction of the LDP. In
Cardiff, no candidate sites were put forward for Gypsy & Traveller sites,
despite efforts made by Planning Officers.

KF11. Members heard from the Welsh Assembly Government that:

a. the LDP is a learning curve for local authorities and that it boils down
to leadership and officer support as to how well local authorities
progress with their LDP
b. that whilst the issue of Gypsy & Traveller provision is acknowledged
to be very sensitive and can pose a dilemma for elected members
when settled communities oppose provision, this does not mean that
elected members can avoid fulfilling the duty they have to the Gypsy
& Traveller community
c. Members have a role in educating the settled population about the
genuine accommodation needs of Gypsy Travellers and a duty to
promote good relations between the settled community and the
Gypsy & Traveller communities, under the Race Relations
(Amendment) Act 2000 and

9
 d. the WLGA is ideally placed to help councillors undertake this role by
providing training to elected members on Gypsy Traveller issues.

Gypsy & Traveller Accommodation Assessments (GTAA)

KF12. There is a statutory duty on local authorities to carry out a Gypsy &
Traveller Accommodation Assessment and to strategically plan for these
needs. With regard to Gypsy & Traveller accommodation provision, the
Inquiry heard from the Welsh Assembly Government and The Planning
Inspectorate that Cardiff Council must use the basic principles in the
Welsh Assembly Government GTAA methodology to assess need, with
the exact approach adapted to meet local circumstances.

KF13. Cardiff Council is currently meeting the statutory requirements with

regard to Gypsy & Traveller accommodation provision, in terms of:
carrying out a GTAA that accords with the Welsh Assembly Guidance;
making plans to test this evidence to ensure that it is robust; and aiming
to bear it in mind when preparing the Cardiff Local Development Plan.

Concerns re LDP & GTAA methodologies

KF14. This Inquiry heard from witnesses from the WLGA that there are
several on-going concerns with the LDP process, regarding public
engagement, how LDPs join up and how emerging evidence is dealt
with. These views were countered by evidence from the Welsh
Assembly Government Plans Branch and The Planning Inspectorate.

KF15. Several issues were raised by a number of internal and external

witnesses with regard to the GTAA methodology, as follows:

o it is a site-based methodology, with need primarily set through the

needs generated by existing sites
o it does not adequately address the need for transit sites
o a concern that some local authorities are not recording unauthorised
sites so that they then do not show need for future sites and

10
 o a concern that most local authorities will not be able to follow the
GTAA methodology as they do not collect information on Gypsies
and Travellers via their housing waiting list and they employ a variety
of approaches to deal with roadside encampments.
Members found from research commissioned for this Inquiry and from
the Welsh Assembly Government Biannual caravan count that most
local authorities in south east Wales are recording unauthorised sites.
Members heard from the Welsh Assembly Government that, as part of
the current review of the ‘Code of Guidance for Local Authorities on
Allocation of Accommodation and Homelessness’ it is proposed to add
Gypsy Travellers to the list of persons that allocation schemes should
be sensitive to.

KF16. Members heard from the Cardiff Gypsy & Traveller Project that all
GTAAs will be tested in the Courts as Gypsies and Travellers take
cases to appeal; the Cardiff Gypsy & Traveller Project hope that this will
help to raise the standard of GTAAs.

KF17. Members heard from the Welsh Assembly Government that to date not
all local authorities have completed GTAAs and that the approach to the
GTAAs has not been consistent across the country. The Gypsy &
Traveller Strategy, currently being finalised, considers how this process
can be made easier for local authorities and ensure a more consistent
approach. Members also heard that the Welsh Assembly Government
felt that, where the evidence for new sites has been established, local
authorities, with the occasional exception, have not been quick enough
in responding to this need.

Cardiff’s GTAA

KF18. Cardiff Council set up a steering group to determine the best way to
carry out a GTAA in Cardiff. Cardiff Council, along with the Vale of
Glamorgan, commissioned Fordham Research to carry out a GTAA,

11
 which was carried out in accordance with the Welsh Assembly
Government guidance.

Level of assessed need in Cardiff

KF19. The Cardiff GTAA found a need for 194 additional permanent pitches
from 2008-2018, equating to about 20 pitches per annum, and ten
transit pitches. 67 of these pitches are required to remove overcrowding
on existing local authority sites. A decision regarding closing Rover Way
would increase the overall need figure and therefore the overall site
provision required. The Cardiff Gypsy & Traveller Project pointed out
that if the Council refuses planning permission for existing unauthorised
developments, there will be an additional need for extra pitches.

KF20. Members queried why only one RSL was interviewed as part of the
GTAA and not other RSLs that also have Gypsies & Travellers renting
properties in Cardiff.

Views on Cardiff GTAA

KF21. Housing officers stated that they believed the GTAA had been carried
out in accordance with Welsh Assembly Government guidance and that
they had received no negative feedback on it. The Planning Inspector
had made no negative comments about the GTAA in their initial review
of the previous LDP. The Cardiff Gypsy & Traveller Project stated that
they believed the GTAA reflects the reality in Cardiff but if anything,
underestimates the need.

KF22. Planning officers stated that the overall concerns with the GTAA
methodology detailed above at KF15 meant that they believed that
Cardiff was disadvantaged in that it was expected to find more sites
than was reasonable.

KF23. There was disagreement as to whether the GTAA should include

Gypsy & Traveller households in Cardiff in unsuitable bricks and mortar

12
 housing; the Welsh Assembly Government methodology is clear that
they should be included in the GTAA.

KF24. The GTAA report runs from 2008-2018; this is not in line with the LDP
timescale that runs to 2026.

KF25. The Planning Inspector stated that the GTAA should not be from
four/five years ago but should be up to date evidence - by the time that
the LDP goes on Deposit in 2012, the GTAA will be four years old.

Neighbouring LA GTAAs

Level of assessed need in neighbouring local authorities

KF26. All neighbouring local authorities have completed a GTAA. Members
heard that, with regard to future provision, all have identified unmet
need, except for Caerphilly and Monmouthshire. All the local authorities
with unmet need have proposed mechanisms to meet this need,
including extending existing sites and developing new sites.

Views on neighbouring local authority GTAAs

KF27. The research commissioned for this Inquiry shows that most local
authorities do capture data on authorised and unauthorised sites but do
not capture data via their housing waiting lists and take a variety of
approaches to dealing with roadside encampments.

Next Steps in Enabling Provision of GT Accommodation

Testing the GTAA

KF28. Cardiff Council planning section stated that they have to test the
robustness of the GTAA; this was agreed by Cardiff Council housing
section; the Welsh Assembly Government planning witness; and The
Planning Inspectorate. The Welsh Assembly Government and The
Planning Inspectorate expect a local authority to apply the relevant tests

13
 of soundness contained in the Local Development Plans Wales (2005),
notably CE2, and to use Circular 30/2007.

Varying the GTAA

KF29. Members explored with The Planning Inspectorate and Welsh
Assembly Government Plans Branch the possibility of varying the GTAA
figure following an assessment of the robustness of the GTAA. These
witnesses raised potential difficulties with doing this, particularly if the
figure was lower than in the GTAA. This could lead to difficulties at
Appeal, with the Council’s case being harder to defend.

Possible Types of Provision

KF30. There are a range of options in terms of the types of provision that
could be made to meet the assessed need for Gypsy & Traveller
accommodation. These include:
- socially rented sites (either local authorities or RSLs)
- private sites - a mix of
a. Gypsy and Traveller owned and managed and run for Gypsies
and Travellers and
b. Gypsy and Traveller owned and managed by and for their own
families.

KF31. The Cardiff GTAA found that respondents mostly favoured small family
sized sites, a view supported by the Cardiff Gypsy & Traveller Project.
However, small sites & pepper potting small sites are not seen as
realistic option by Housing officers, due to limited site availability,
management and maintenance costs and difficulty in enabling
community provision. Housing stated that if they were to develop a new
site, they would want to build in for natural growth e.g. 15 pitches but
space for 45 pitches in order to make the site more sustainable.

KF32. The CGTP believes that the annual requirement of 20 permanent

pitches could almost be met by the private sector, by Gypsies and
Travellers being land owners and developers.

14
KF33. Housing highlighted that, whilst private sites can count towards meeting
need, there is no mechanism for local authority to secure nominations to
these sites. Therefore, the majority of the need would have to be met
through socially rented sites.

KF34. Housing stated that one option for the future of Rover Way is to use it
as a transit site.

Location of Sites
KF35. There are currently no agreed criteria in place to select sites. Planning
officers stated at the Inquiry that no sites have been identified. The
overarching issue in deciding land use in the LDP is the scarcity of land
in Cardiff and the competing needs for land - land for housing uses, for
commercial uses etc. Planning officers will go through the candidate
sites, looking at the wider competing uses to see which offer best value.
Due to the scarcity of land, best value is defined as high density use of
land - Gypsy & Traveller sites are low density compared to other
residential uses.

KF36. The Inquiry heard that the majority of Gypsies and Travellers living in
Cardiff wish to remain living in Cardiff; a finding supported by research
in Torfaen local authority that had found that Gypsies and Travellers
living in Torfaen wished to remain living there.

Financing provision
KF37. Members heard that there are two types of capital grant available from
the Welsh Assembly Government, both of which provide 75% funding,
with the local authority needing to fund the remaining 25%. These
grants are the New Sites Grant, which can be used for permanent or
transit site provision, and the Refurbishment Grant, which can be used
to improve existing sites.

15
Regional Provision
KF38. Senior Planning Officers indicated that they thought it was only
reasonable for other local authorities to help Cardiff to meet the needs
identified in the GTAA, rather than these needs being met in Cardiff.
This necessitates regional working. However, they highlighted that
where they had attempted to do regional working in the last proposed
LDP, it wasn’t accepted by the Planning Inspector as they had not been
convinced that it was correct and/or deliverable. Planning felt that there
needed to be pressure on the politicians at Welsh Assembly
Government to change the approach to regional working.

KF39. Cardiff Council housing officers indicated that Cardiff should meet its
needs within Cardiff but that there should be regional working to enable
provision in other local authority areas in order to provide Gypsy &
Traveller households with more choices about where to live and thereby
to meet equalities duties.

KF40. The Welsh Assembly Government gave evidence urging local

authorities to ‘work in a regional capacity and share the legal, moral,
financial and political responsibility to address the accommodation
inequality experienced by the Gypsy & Traveller community in Wales.’

Taking Regional Provision Forward

KF41. It is clear from discussions with a number of witnesses (Welsh
Assembly Government, Planning Inspectorate, SEWSPG, and CGTP)
that it is questionable whether it is appropriate to use regional working to
meet the needs in Cardiff, given that the needs arise in Cardiff and
Gypsies & Travellers are stating that they wish to remain in Cardiff. It is
clear that, in any case, it is too late to use regional working to do so, as
many other local authorities’ LDP timetables mean that their LDPs are
either already adopted or are highly likely to be adopted before Cardiff
has reached Preferred Strategy status in Autumn 2011.

16
KF42. Members were advised that regional working for the next LDP cycle
would be a useful option to explore and that it would be useful to
continue to explore regional working in the meantime to try to promote
choice. Members heard that this could happen in several ways,
including: having conversations with Welsh Assembly Government; and
housing staff providing help and support to other local authorities where
there is an identified need for provision, such as Newport.

Overview
KF43. It is clear that there are inconsistencies in the evidence provided to this
Inquiry. This is the case with regard to the following:
a. other local authorities do not record unauthorised sites - the
biannual caravan count and our research shows that they do
b. GTAA’s should not include Gypsies and Travellers in unsuitable
bricks and mortar housing - the Welsh Assembly Government
guidance is clear that it should
c. other local authorities are not making provision for Gypsies &
Travellers - the biannual caravan count and our research shows
that they are
d. other local authorities are not planning to make further provision
for Gypsies & Travellers - our research and other local
authorities public documents shows that they are
e. a regional approach being a reasonable course of action in
terms of meeting the existing needs identified in the GTAA and
one that needed to be encouraged and explored- other evidence
suggests that it would be difficult to devise a regional approach
that was seen as appropriate and that it is now deemed to be
not possible to achieve given other local authority LDP
timescales. These points were acknowledged by the senior
planning officers; however, they stated they had a duty to
attempt to secure a regional approach and to encourage and
explore it.

17
 These inconsistencies seem to have shaped the direction taken in
recent years to addressing the accommodation needs of Gypsies and
Travellers in LDP policy formation.

Role of Other Bodies

Welsh Assembly Government

KF44. Welsh Assembly Government stated that they had demonstrated
leadership at a national level and provided a framework encompassing
policy, grants, guidance and best practice documents to aid local
authorities to meet their responsibilities in relation to accommodation
provision for Gypsies and Travellers in Wales. Welsh Assembly
Government stated that they urge and support regional working but they
had no powers to enforce it. The statutory basis is missing. In terms of a
potential role for Welsh Assembly Government Planning to play in the
future with regard to co-ordinating joint local authority working, the
witness from Welsh Assembly Government planning stated:

‘I don’t think it should go down this route - England has just abandoned
the top down, prescriptive route - it goes against the view that local
authorities are best placed to take decisions’.

KF45. Other witnesses to the Inquiry suggested the following potential roles
that the Welsh Assembly Government could play to assist local
authorities meet their responsibilities in relation to accommodation
provision for Gypsies and Travellers in Wales:

a. To lead a study on transit sites, including looking at the routes

and provision required and possible solutions, in order to provide
an overview.
b. To require local authorities to annually update information on
Gypsy and Traveller accommodation needs
c. To do more to compel authorities to work collaboratively on
Gypsy and Traveller accommodation issues

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 d. To make the provision of Gypsy and Traveller accommodation a
statutory requirement
e. To compel local authorities to work together on a regional basis
more frequently and
f. To continue to provide financial support to local authorities to
meet the accommodation needs that are emerging from
completed GTAAs.

Regional Fora
KF46. Members heard that potentially there is a coordinating role for the
South East Wales Strategic Planning Group to annually collect and
store data re GTAAs’ and publish data

Other Issues Identified

KF47. GTAAs can be used as a material planning ground and this has led to
the Planning Inspector granting temporary permission if needs identified
by a GTAA are not been met elsewhere and the harm identified did not
outweigh the needs assessed.

19
 RECOMMENDATIONS

The Community & Adult Services Scrutiny Committee recognises that Gypsies
and Travellers living in Cardiff need to have appropriate and sufficient
accommodation and that the lack of this is exacerbating the disadvantages
and inequalities that they are experiencing.

As such, the Community & Adult Services Scrutiny Committee invite the
Executive to accept the following recommendations and in their response,
identify the timescales for the implementation of the accepted
recommendations:

Rover Way
R1. The Executive formally accept that the Rover Way Caravan Site is
unsustainable and should close and therefore task Officers to:
a. work with the Gypsy & Traveller communities to identify and
agree suitable criteria for the relocation of the Rover Way
Caravan Site, including testing out with the Gypsy & Traveller
communities the previous criteria that referred to a two km
radius for site location and utilising the Welsh Assembly
Government guidance on site location
b. use the agreed criteria to identify suitable sites
c. undertake an option appraisal of the deliverability of the
identified suitable sites, assessing the funding and viability of
sites, including utilising Welsh Assembly Government capital
grants and Council assets and resources
d. utilise the above information to nominate a suitable and
deliverable site in the LDP Deposit Plan as a replacement site
for Rover Way Caravan Site
e. carry out a feasibility study into the future use of the existing
Rover Way Caravan Site as a transit site.
(supported by KF3, KF5, KF34, KF37)

20
R2. Given that the implementation of Recommendation One, if accepted, will
take a significant period of time, the Executive task Officers to undertake
a feasibility study as a matter of urgency to investigate the possibility of
installing a pedestrian footpath from Rover Way Caravan Site to local
amenities and from Shirenewton Caravan Site to the existing footpath
network.
(supported by KF4)

Assessing the need for Gypsy & Traveller Accommodation

R3. The Executive task officers to continue to follow the basic principles
outlined in the Welsh Assembly Government guidance regarding
GTAA’s, including counting those Gypsies and Travellers in unsuitable
bricks and mortar housing.
(supported byKF12 & KF23)

R4. In order to ensure that the LDP Deposit Plan is seen as robust and
defensible in terms of assessing Gypsy & Traveller accommodation
needs, the Executive task relevant officers to undertake in parallel the
following:
a. Planning Officers to undertake testing of the existing GTAA,
using the relevant tests of soundness detailed in Local
Development Plans Wales (2005), notably CE2, and Circular
30/2007 as a starting point
(supported by KF28)
b. Planning, Housing and other relevant officers to work together to
undertake an up to date GTAA, that extends till 2026, using the
basic principles outlined in the Welsh Assembly Government
guidance regarding GTAA’s
(supported by KF12 & KF24, KF25)

R5. The Executive task officers to take steps to involve in the GTAA project
group a wider range of RSLs that rent properties to Gypsies and
Travellers in Cardiff
(supported by KF20)

21
Meeting the Need for Gypsy & Traveller Accommodation

R6. The Executive recognise that the needs of the Cardiff Gypsy & Traveller
communities must be met within Cardiff and planned for in the LDP.
(supported by KF9, KF12, KF13, KF35, KF38, KF39 & KF41)

R7. The Executive recognise that a corporate approach is needed to

collectively manage the LDP process and mediate between competing
views in order to reach an agreed conclusion and therefore put in place
the mechanisms to enable this to happen in the future and provide
details of these mechanisms in the Executive response to this
recommendation.
(supported by KF43)

R8. The Executive task Planning and Housing Officers to develop site
selection criteria that pay due regard to the Welsh Assembly
Government guidance on site location and is informed by consultation
with the Gypsy & Traveller communities in Cardiff.
(supported by KF9, KF10 & KF35)

R9. The Executive task Planning Officers to take further proactive steps to
encourage Gypsy & Traveller communities to begin discussions about
potential sites/ pieces of land, including information, support and pre-
planning advice on planning issues.
(supported by KF10)

R10. The Executive task Planning Officers to ensure that the LDP contains a
criteria based policy to select sites for future need arising and specific,
named sites, selected using the criteria developed as per
Recommendation 8 and allocated to meet unmet, existing need
identified via the GTAA.
(supported by KF9, KF12, KF13, KF19, KF30, KF33, KF35 & KF36)

22
R11. The Executive task officers to plan to meet the needs identified in the
GTAA by:

a. Optimising the sources of land available by working with Estates

& Land Strategy, other relevant council sections, RSLs and the
Gypsy & Traveller communities to identify, land bank and
allocate sites that meet the criteria developed as a result of
Recommendation 8
b. Researching and taking forward alternative ways of providing
sites, including RSL development and management of sites
c. Researching and taking forward funding opportunities for new
sites, including Welsh Assembly Government capital grants and
council assets and resources
d. Ensuring a mixed approach to provision with the bulk of planned
provision being social rented to guarantee affordability and
accessibility but with private sites being appropriately supported
and facilitated
e. Ensuring social rented sites are no larger than the existing local
authority site at Shirenewton; Members sympathise with the
views regarding small sites but accept the realities of economies
of scale so see private sites as delivering the small, family sized
sites
f. Ensuring that sites are planned to enable one caravan per pitch.
(supported by KF30, KF31, KF32, KF33 & KF37)

R12. The Executive task officers to investigate the usefulness of producing a

Supplementary Planning Guidance note to cover Gypsy & Traveller
accommodation provision pulling together all the relevant aspects,
including guidance on site selection criteria, design, facilities,
environmental issues, the process to follow and the advice and support
available to potential developers.

R13. The Executive look to promote choice and equity for Gypsy & Traveller
communities by attempting regional working on this issue by raising it at

23
 the highest political level with neighbouring local authorities, the WLGA
and the Welsh Assembly Government.
(supported by KF39, KF40, KF41 & KF42)

R14. The Executive note the duties on elected members and tasks
appropriate Officers to work with the WLGA to run a cultural awareness
training programme for all councillors, Planning Committee members
and planning officers in order to support them with knowledge and
information about the needs of Gypsy & Traveller communities in
Cardiff, this training to be provided between the LDP Preferred Strategy
stage and LDP Deposit Stage
(supported by KF10, KF11)

R15. The Executive champion the idea that SEWSPG play a coordinating role
in annually collecting and storing data re GTAAs.
(supported by KF46)

The Community & Adult Services Scrutiny Committee is also making

recommendations to the Welsh Assembly Government, as follows:

Recommendations to Welsh Assembly Government

Recommendation One: Cardiff Council’s Community & Adult Services

Scrutiny Committee is pleased to note that the Welsh Assembly Government
supports regional working on the provision of accommodation for Gypsies and
Travellers as this will increase choice and equity for one of the most
vulnerable and excluded groups in our Society. To this end, we call on the
Welsh Assembly Government to move beyond stating their support to taking
practical steps to facilitate and drive forward regional working between local
authorities on this issue.
(supported by KF38, KF39, KF40, KF41 KF43)

24
Recommendation Two: Cardiff Council’s Community & Adult Services
Scrutiny Committee recommends that the Welsh Assembly Government
strengthen the robustness of Gypsy & Traveller Accommodation Assessments
by:
a. Using the current review of the Code of Guidance for Local Authorities on
the Allocation of Accommodation and Homelessness to include an
amendment that states that local authorities should: include Gypsy &
Traveller as a separate group on the ethnic monitoring section of housing
waiting list applications; and record this information in such a way that data
on the housing needs of Gypsy & Traveller applicants is easily collated to
feed into the GTAA
b. Amending the existing biannual caravan count so that it records the
number of households as well as the number of caravans
c. Making it a mandatory requirement that local authorities complete the
biannual Gypsy & Traveller caravan count.
d. Tightening compliance with the guidance regarding how local authorities
deal with roadside encampments to ensure that equality issues are
appropriately addressed and that Gypsy & Traveller accommodation
needs are appropriately assessed.
(supported by KF15, KF26)

Recommendation Three: Cardiff Council’s Community & Adult Services

Scrutiny Committee recommends that the Welsh Assembly Government leads
a study on the need for transit sites across Wales and facilitates discussion
with local authorities to address the identified needs for transit sites.
(supported by KF44)

25
 CONTEXT

GYPSY & TRAVELLER COMMUNITIES IN CARDIFF

1. Cardiff has established Gypsy and Traveller communities, largely

consisting of Welsh Gypsies, English Gypsies and Irish Travellers. It is not
currently possible to give a definite answer regarding the number of
Gypsies and Travellers in Cardiff, as the Census 2001 did not use this as
one of the categories for recording ethnicity; the 2011 Census will contain
this category.

2. However, information provided to this inquiry by the Cardiff Gypsy &

Traveller Project highlights that there are over 1,500 Gypsies and
Travellers living in Cardiff with an approximate split of 50% Gypsies and
50% Irish Travellers. They mostly live in one corner of the east of Cardiff
on the two local authority sites, private sites and in bricks and mortar
housing.

3. Information contained in the Council’s Gypsy & Traveller Accommodation

Assessment (2008) indicates that there are 281 Gypsy & Traveller
households in Cardiff, with 177 Welsh or English Gypsy households and
104 Irish Traveller households. Of these, 130 households live in bricks and
mortar housing.

4. In 2003, Cardiff Council responded to the NAW Equality of Opportunity

Committee Inquiry 2003, providing the following information:

As at 2003 Adults Children Total

Local Authority Housing 126 173 299
Private Sites 0 0 0
Unauthorised Sites 0 0 0
In Houses 76+ 246 322+
Total 202 419 621

26
5. Members heard from the Cardiff Gypsy & Traveller Project that the vast
majority of Gypsies and Travellers living in Cardiff had been born in Cardiff
and that their families had lived in Cardiff for several generations. Analysis
of the birthplace of residents of the two local authority sites in Cardiff
shows that 81% were born in Cardiff; this rises to 91% for residents up to
25years old.

CURRENT PROVISION IN CARDIFF

6. The basic level of provision of accommodation for Gypsies and Travellers,

in terms of the number of sites and pitches, has remained almost the same
since the 1970s, although the ownership of one of these sites has altered
in this time, moving from being privately owned to being a Local Authority
owned and managed site in the 1980s.

7. At the time of this Inquiry, there were two Local Authority sites,
Shirenewton Caravan Site & Rover Way Caravan Site, with 76 pitches
between them and 146 caravans, equating to approximately two caravans
per pitch.

8. Rover Way Caravan Site was built in the 1970s following the Commons
Act when the local authority took over ownership of Leckwith Common and
was legally required to therefore build a replacement site for the site that
had been on Leckwith Common for many years. The Rover Way area had
been used as a stopping place for many years, along with Leckwith
Common and the Speedway site in Leckwith.

9. Shirenewton Caravan Site began as a private mobile home park, owned

and run by a local farmer. He sold it to the local authority in the 1980s,
which at the time was looking for another site; the local authority decided
to focus on the Shirenewton Caravan Site as there were 35 families living
there, who would have ended up on the roadside if the farmer had closed
the site.

27
10. In addition to the local authority sites, there are authorised/ unauthorised
sites near to Shirenewton and occasional roadside encampments. For the
last six years, the bi-annual caravan count return to the Welsh Assembly
Government for Cardiff has shown an unauthorised but tolerated site with
11 or 12 pitches. The latest bi-annual caravan count for July 2010 shows
four authorised sites, each with one caravan, and one unauthorised site
with 11 caravans. However, when Members visited the Shirenewton sites
on Monday 24th January 2011, Members found the following: one site, with
one pitch; adjacent to this, a proposed development of eight pitches, which
is currently going through the planning development control process. In
addition, there were two unauthorised sites, with one pitch each. Each of
these sites has very different groups on it; one site is Irish Travellers;
another site is a different Irish Traveller group; and one site is Welsh
Gypsy. In terms of roadside encampments, Members were informed by
the Cardiff Gypsy & Traveller Project that there have been 14 families in
the last 12 months in three separate groups passing through Cardiff and
looking for transit accommodation, en route to various gatherings such as
The Royal Welsh and Stow Fair.

CONDITIONS OF EXISTING LOCAL AUTHORITY SITES

11. Members heard that the Shirenewton Caravan Site is considered to be

well designed and well run and seen as a model of good practice across
England and Wales. This is despite it being the largest local authority site
in Europe. Members heard that the site is successful due to the layout
used, with pitches being grouped in cul-de-sacs, courtyard-style, facing
inwards, thus allowing family groups to be together whilst maintaining
privacy from other family groups. This has enabled different groups of Irish
Travellers, Welsh Gypsies and English Gypsies to live on the site. There is
a community building, which is used by various groups such as a play
group. Members noted from their site visit that there was no pavement
outside the site, linking it to the pavement network nearby; this means that
pedestrian access to and from the site involves either walking in the road
or on muddy verges.

28
12. There has been a series of regeneration works at Shirenewton over the
last three years, largely paid for by the Welsh Assembly Government
Gypsy & Traveller Site Refurbishment Grant, which has resulted in
improvements to amenity blocks, site perimeter boundaries, low-level walls
for each pitch, improvements to layout and plans to improve play provision.

13. Members heard that the Rover Way Caravan Site is seen as the complete
opposite end of the scale, with an out-of-date back to back design, a
‘barracks, military style’ feel to the site and facilities and drainage in
desperate need of repair and refurbishment. Members heard that the
residents feel that the site could not be in a worse location, as it is next to
a sewerage works, opposite heavy industries, has the mud of the
Foreshore at the rear of the site and has the major docks road immediately
to the front of the site. Residents feel excluded from being able to access
services such as GPs, shops etc. due to a lack of a pavement on the
docks road and a lack of public transport. This leads to families feeling and
being marginalised and exposes pedestrians to risk from the traffic using
Rover Way. Despite this, Members heard from the Cardiff Gypsy &
Traveller Project that the majority of families want to stay on Rover Way as
they have links into local services and facilities and feel there is a level of
acceptance from the local community that may not exist elsewhere. This
statement was borne out by conversations that Members had with
residents when they visited the site in January 2011, where residents
stated that they would be happy to move off the existing site (due to the
poor site conditions) but would want to remain on Rover Way, preferably
on a site located from the Pengam Green roundabout downwards towards
Ocean Way.

14. Members heard that Cardiff Council submitted a bid in 2007/08 for Welsh
Assembly Government Gypsy & Traveller Site Refurbishment Grant for
Rover Way. However, this bid was turned down because the Council was
unable to demonstrate the long term sustainability of the site. Over recent
years, planned maintenance work was not done because there was a
perception that Rover Way was going to close. However, this year, the

29
 Council is paying £135,000 for some improvement works to be done in
terms of renewing amenity blocks, improving fencing to the front of the site
and putting in some play facilities. Members heard from Housing staff that
they believe that Rover Way Caravan Site should close, with an option for
future use as a transit site.

SITE MANAGEMENT OF LOCAL AUTHORITY SITES

15. The responsibility for managing the local authority sites rests with the
Housing & Neighbourhood Renewal service area. They are currently
reviewing the staffing structure to ensure that resources are managed to
achieve parity across both the sites.

16. The budget for the site management of the local authority sites is financed
from the General Fund. This covers the staffing and running costs of both
sites. It also includes the full Council contribution to the grant funded
regeneration at Shirenewton and the £135,000 identified for this year’s
improvements at Rover Way. Members were informed that Legal advice
had been sought regarding national definitions of what could and could not
be included in the Housing Revenue Account; the advice was clear that
Gypsy & Traveller site costs could not be included in the Housing Revenue
Account. As such, it is not permissible to use the Housing Revenue
Account to fund any aspect of the Gypsy & Traveller service.

17. The rents and service charges charged by Cardiff Council are significantly
lower than those charged by other local authorities; the service area has
started the process of increasing rents to achieve a breakeven, cost-
neutral position; this will be achieved after 2013. Members also learnt that
the local authority is not recouping the full cost of water or electricity via
the service charge currently levied. The Council is installing individual
water meters to the pitches in Shirenewton, with the intention that these
are adopted by Welsh Water. The intention is to also work towards
individual electricity accounts for each pitch.

30
18. In terms of maintenance costs, there is a marked difference in the costs
between Shirenewton and Rover Way, following the regeneration works at
Shirenewton. There is an increasing trend line for maintenance costs at
Rover Way and this is expected to continue without any planned
investment. There is a very significant difference in the annual costs
across each year at Rover Way with some very high peaks (e.g. £37,465
in 2006/07 for extensive electrical works) which would also be expected to
continue without planned investment. In contrast, the trend line at
Shirenewton (after the removal of the capital spends in 2008/09) shows a
decrease that can be attributed to the regeneration, which has allowed a
much greater degree of control over the maintenance budget. The average
cost of maintenance for this time period equates to £810.71 per pitch at
Rover way compared to £574.29 at Shirenewton, reflecting the relative
conditions between the two sites.

CURRENT PROVISION IN NEIGHBOURING LOCAL

AUTHORITIES

19. Members commissioned the Scrutiny Research Team to undertake desk-

based research into the supply of Gypsy & Traveller Accommodation in
Cardiff’s neighbouring local authorities in South East Wales. The full
research report is attached as Appendix B of this report.

20. The research found that, overall, there are currently 26 sites in the
neighbouring local authorities, comprising 138 permanent pitches and five
transit pitches, accommodating between 158 and 168 caravans. The
majority of these sites are private; ten of these have planning permission,
seven are unauthorised but are tolerated and a further five are
unauthorised and are not tolerated. There are four local authority sites.
The research also found that there is no correlation between the number of
sites and the number of pitches; local authorities with the highest number
of sites do not necessarily have the highest number of pitches. However,

31
 there is a correlation between the number of pitches and the number of
caravans; in most cases there is one caravan per pitch.

Local Authority

Transit Pitches
Unauthorised

Unauthorised

Total number
of Caravans
Authorised

(Tolerated)

Permanent
Total Sites

Number of

Number of
Tolerated)
Sites (Not
Local Authority

Pitches
Sites

Sites

Sites
Blaenau Gwent 1 1 - - - 20 - 20
Bridgend 6 - 1 5 - 2 5 7
Caerphilly 0 - - - - - - -
Merthyr 2 1 1 - - 15 - 15
Monmouthshire 1 - 1 - - 1 - 1
Newport 8 1 3 - 4 24 - 24
3
Rhondda 4 1 3 - - 40-50 19-24
Cynon Taff
Torfaen 2 - 1 1 - 56 - 56
Vale of 2 - - 1 1 20 - 16-21
Glamorgan
Total (excluding 26 4 10 7 5 138 5 158-
Cardiff) 168
Cardiff 5 2 1 2 - 80-88 - 149-
157

21. The table above shows that just under half the total number of Gypsy &
Traveller caravans in South East Wales are in Cardiff. On average, there is
one caravan per pitch except in Cardiff where there is just fewer than two
caravans per pitch. Members are aware from their site visits to
Shirenewton Caravan Site, the developments in Shirenewton and Rover
Way Caravan Site, that it is the local authority sites where many of the
pitches have more than one caravan on them.

3
This is the maximum number of pitches that are potentially available for use but due to poor
site conditions many of these pitches are not currently available for use.

32
 STATUTORY DUTIES REGARDING ENABLING GYPSY
& TRAVELLER ACCOMMODATION

22. County Councils in Wales have two main statutory duties with regard to
enabling the provision of accommodation for Gypsies and Travellers:
o As the local planning authority - to prepare a Local Development
Plan (LDP) that sets out policies, allocations and criteria for
development in the local planning authority area.
o As the local housing authority - to carry out an assessment of the
accommodation needs of Gypsies and Travellers residing in or
resorting to their district, using the Welsh Assembly Government
Local Housing Market Assessment and Gypsy and Traveller
Accommodation Assessment (GTAA) methodology, to feature this
in their Local Housing Strategy and to strategically plan to meet
these identified needs.

23. The above statutory duties enable the provision of accommodation for the
Gypsy & Traveller communities; there is currently no statutory duty on
local authorities that means that all local authorities have to provide Gypsy
& Traveller accommodation. However, the Welsh Assembly Government,
in written evidence submitted to the Inquiry (attached in full at Appendix
A) stated that:

‘the Welsh Assembly Government would have competence in the new

Housing LCO, which will allow Welsh Ministers the powers to place a
duty on Local Authorities to provide Gypsy & Traveller sites ….as a
means of providing a legislative safeguard in the event that a non-
statutory approach does not deliver the aim of securing appropriate
sites for the Gypsy & Traveller community.’4

24. The Welsh Assembly Government states that the role of local authorities in
providing leadership is a pre-requisite for the delivery of appropriate

4
WELSH ASSEMBLY GOVERNMENT written submission, attached as Appendix A - page 4

33
 accommodation for Gypsy Travellers in Wales. As Gypsies and Travellers
are a recognised ethnic group under race relations legislation, the Race
Relations (Amendment) Act 2000 applies. In written evidence submitted to
the Inquiry (attached in full at Appendix A) the Welsh Assembly
Government state:

‘There is no doubt that the issue of Gypsy Traveller site provision is

very sensitive and can pose a dilemma for elected members when
settled communities are so openly opposed to new sites in their
localities. However this opposition does not mean they can avoid
fulfilling the duty they have to the Gypsy Traveller community. As
elected leaders councillors have a role in educating the settled
population about the genuine accommodation needs of Gypsy
Travellers. …..Local Authorities therefore have a duty to promote good
relations between the settled community and the Gypsies and Traveller
community5’

LOCAL DEVELOPMENT PLANS

25. The Welsh Assembly Government guidance makes it clear that Local
Development Plans (LDPs) must be evidence-based and that the evidence
must be robust, in order for the LDP to be found ‘sound’ by the Planning
Inspector and hence be adopted. The LDP guidance sets out ten tests
which have to be met in order for a LDP to be considered ‘sound’.
Specifically test CE2 states:

“The strategy, policies and allocations are realistic and appropriate

having considered the relevant alternatives and are found on a robust
evidence base.” (LDP Wales, paragraph 4.35)

26. With regard to Gypsies and Travellers, Circular 30/2007 “Planning for
Gypsy and Traveller Caravan Sites” and the LDP Manual provide guidance

5
Welsh Assembly Government written submission, attached as Appendix A - page 6 & 7

34
 on how to assess needs and obtain robust evidence; these refer back to
the GTAA methodology mentioned above. Members heard from The
Planning Inspectorate that local planning authorities have to use the GTAA
methodology and have to have recent evidence, for LDP or appeal. This
should be a continuous process, not every 12 months but short term, and
should not be in ‘an assessment from four/five years ago but up to date
evidence.’ The Planning Inspector will ask the local planning authority to
give evidence to support their position and can suspend examination till
the local authority has done the assessment.

27. Members heard from the Welsh Assembly Government Head of Plans
Branch that the LDP must contain appropriate policies to meet the needs
identified by the GTAA, as follows:

o Where there is an assessment of unmet need for Gypsy and Traveller

accommodation - there should be a specific policy in the LDP and
specific sites identified, named and allocated to meet the need as well
as a criteria-based policy for site identification and selection for future
needs arising
o Where there is no unmet need identified - the LDP should contain a
criteria-based policy for site identification and selection to ensure that
the local authority can proactively deliver suitable sites if future need
arises.

28. The Local Development Plan (LDP) therefore provides the framework for
enabling future provision of accommodation for Gypsies and Travellers.
The Welsh Assembly Government Guidance is clear that the local
planning authority should work with the Gypsy and Traveller community to
encourage them to put forward candidate sites. In addition there should be
representations from Gypsy and Traveller communities and stakeholders
and their representatives at the Deposit Stage. The Planning Inspectorate
will invite them to the Hearing Stage.

35
29. Members heard from the Welsh Assembly Government Head of Plans that
the LDP process is a learning curve for local authorities and that some
local authorities are coping better with the process than others; those that
are coping well have officers who intuitively understand the LDP process
and what it is aiming to achieve and have members that show leadership
and make decisions. In essence, the success of a local authority in
preparing and adopting an LDP boils down to two aspects - leadership and
officer support.

CARDIFF COUNCIL’S LDP

30. Cardiff Council is effectively starting again at the beginning of the LDP
process. In preparing the new LDP, the Council will need to take into
account any new evidence. The Council is proposing to define the
‘settlement’ as Cardiff as a whole. The Preferred Strategy is due out in
Autumn 2011; this enables consultation on direction as it is strategic and
does not contain detailed proposals or site allocations. In Autumn 2012,
the Council proposes to release the Deposit Plan, which will have sites
allocated to meet identified unmet need.

31. Members heard that the site selection criteria prepared for the previous
LDP has been withdrawn and that new criteria would need to be
developed and would need to cover location, access, infrastructure,
planning and environmental constraints, deliverability, cost and
sustainability.

32. During the course of this Inquiry, in January 2011, the Executive received
a report detailing the candidate sites received as part of the LDP process.
Members are aware that no candidate sites were submitted for Gypsy &
Traveller accommodation; Members are aware that planning officers had
been in discussion with the Cardiff Gypsy & Traveller Project regarding
possible submissions of candidate sites.

36
 GYPSY & TRAVELLER ACCOMMODATION
ASSESSMENTS (GTAAs)

33. The LDP Guidance is clear that the local authority needs to have an
evidence base to determine the need for future accommodation provision
for Gypsy & Traveller households and that this will come via the Local
Housing Market Assessment Gypsy & Traveller Accommodation
Assessment (GTAA) and other mechanisms that can be used to conclude
the needs levels.

34. The guidance for GTAAs is contained in Appendix F of the Local Housing
Market Assessment Guidance. The guidance details the various factors
that local authorities need to bear in mind when assessing the
accommodation needs of Gypsies and Travellers, leading to a step by step
approach to calculating the need for accommodation provision. The Welsh
Assembly Government stated in their written submission that:

‘The guidance aims to provide advice on carrying out an assessment of

the accommodation needs of Gypsies and Travellers, however it is not
meant to be exhaustive or prescriptive. While it is recommended that
the basic principles outlined should be applied, the exact approach will
need to be adapted to local circumstances.’6

CONCERNS REGARDING THE LDP & GTAA

METHODOLOGIES

35. Members were alerted by witnesses from the WLGA that an ongoing
concern with the LDP process centred on how best to engage the wider
public in the LDP process. The WLGA witnesses detailed how the wider
public may find it difficult to engage at the Preferred Strategy stage, as
Welsh Assembly Government guidance is that this stage is to enable
consultation on broad strategic direction and there is a lack of detail about

6
Welsh Assembly Government written submission, attached as Appendix A - page 8

37
 what precisely is being proposed. When the Deposit Plan is released, the
wider public would be able to see what is being proposed but, according to
Welsh Assembly Government guidance, the local authority will not be able
to make substantive changes as the Deposit Plan is evidence-based; thus
the input of the wider public in the LDP process will be limited.

36. Members heard from the Welsh Assembly Government Head of Plans that
they are reviewing The Planning Inspectorate’s Early Lessons report and
their own work and will use these to inform refinements to the LDP
process, but that nothing radical is planned.

37. Members also heard from the WLGA that there were concerns with the
LDP process in terms of planning inspectors looking at LDPs in isolation
and in terms of how emerging evidence is dealt with by planning
inspectors. These issues are addressed more fully at points 76 and 97 -99
of this report.

38. Several witnesses to the Inquiry raised concerns about the methods being
used to assess the accommodation needs of Gypsies & Travellers. Many
of these concerns centre on the lack of available, good quality data about
the numbers of Gypsies and Travellers in unsuitable accommodation and
can be summarised as follows:
o The bi-annual caravan count carried out by local authorities and
reported to the Welsh Assembly Government is weakened as a data
source for the following reasons:
§ it is not mandatory and thus local authorities do not have to
complete it or complete it consistently and
§ it does not capture information in a way that is useful when
projecting needs, for example it does not include details of the
number of households
o Local Authority housing waiting lists often do not include an
ethnic monitoring category for Gypsies & Travellers, making it
virtually impossible for many local authorities to assess the numbers

38
 of Gypsies and Travellers living in housing need in bricks and mortar
housing
o Local Authorities take a variety of approaches to roadside
encampments and to reporting roadside encampments; this leads to
local authorities taking different approaches to how to use
information on roadside encampments in their assessments of need
for accommodation in their area.

39. In addition, Members heard from several witnesses that, not only were
they concerned about the quality of the data being used in the calculations
for the GTAAs, as detailed above, they were also concerned that the
actual methodology for carrying out GTAAs in line with Welsh Assembly
Government guidance is flawed, for the following reasons:
o It relies heavily on local authorities accurately capturing the data on
need in their area, in terms of unauthorised sites and roadside
encampments as well as authorised sites and housing waiting list
data
o Due to difficulties with local authorities accurately capturing the data
on need in their area, the methodology becomes a site-based
methodology, whereby need is primarily generated via the needs on
existing, authorised sites
o It does not adequately address the need for transit sites, because it
focuses on need within local authority areas as opposed to across
local authority areas.

40. However, the research commissioned for this Inquiry found that most local
authorities in south east Wales are recording authorised and unauthorised
sites; this is borne out by the data contained in the bi-annual caravan
counts. The Welsh Assembly Government stated in their written
submission that, whilst the Code of Guidance for Local Authorities on
Allocation of Accommodation and Homelessness does not specifically
reference Gypsies and Travellers as a vulnerable and excluded group,

39
 ‘it is proposed that they be added to the guidance during its current
review’7

41. Further, the Welsh Assembly Government stated in their written

submission that
‘To date not all Local Authorities have completed an accommodation
needs assessment, and the approach to the needs assessments is not
consistent across the country. The Gypsy and Traveller strategy,
currently been finalised, considers how this process can be made
easier for Local Authorities and ensure a more consistent approach to
conducting needs assessments across the country.’8

42. Members heard from the Cardiff Gypsy & Traveller Project that all the
GTAAs are new and will be tested in the courts, usually by barristers,
when Gypsies and Travellers appeal against refusal of planning
permission. This is because the evidence in the GTAAs will be included in
the local authority LDP, which is then tested at appeal. The Cardiff Gypsy
& Traveller Project also stated that it believes that the biannual caravan
count should be made mandatory and amended to improve the value of
the information collected, in order to provide a useful source of information
when assessing the accommodation needs of Gypsies and Travellers.

7
Welsh Assembly Government written submission, attached as Appendix A - page 10
8
Ibid - page 9

40
CARDIFF’S GYPSY & TRAVELLER ACCOMMODATION
ASSESSMENT

43. Cardiff Council set up a steering group to determine the best way to carry
out a GTAA in Cardiff. The Project Group had representatives from the
Cardiff Gypsy & Traveller Project and the following Council service areas:
Housing; Planning; Cardiff Research Centre; and the Traveller Education
Service. A review of available data showed that there was limited
quantitative data available that needed to be supplemented by qualitative
research in order to provide a robust evidence base.

44. Cardiff Council, along with the Vale of Glamorgan Council, commissioned
Fordham Research to carry out the GTAA. Fordham Research undertook
stakeholder interviews with relevant Council service areas, the Cardiff
Gypsy & Traveller Project, the Police, Health and a Registered Social
Landlord. They also carried out a survey that covered the following:
o 17% of households living on sites (25)
o 14% of households estimated to be living in housing (18)
o 2 interviews on unauthorised developments
o ten interviews with households travelling through regularly.

45. Members queried why only one Registered Social Landlord was involved
in the survey - Cardiff Community Housing Association - and not other
RSLs that rent properties to Gypsies and Travellers in Cardiff. Housing
officers replied that it was not a deliberate attempt to exclude any
Registered Social Landlord, more a case of having to work with limited
resources and capacity.

46. Fordham Research completed their report in 2008 and the Cardiff GTAA
runs from 2008-2018.

41
LEVEL OF ASSESSED NEED IN CARDIFF

47. The Cardiff GTAA found a need for 194 additional permanent pitches and
ten transit pitches from 2008-2018. This is based on a five year estimate
extended to provide a ten year projection.

48. Of the 194 additional permanent pitches, 67 pitches are required to

remove the existing sub-division of existing pitches i.e. the overcrowding
on the local authority sites in Cardiff. The remainder of the pitches are
required to meet needs caused by: Gypsies and Travellers living in
unsuitable bricks and mortar housing (2.9); new family formation (57.9);
and for other existing families (26.7).

49. With regard to the identified need for ten transit pitches, these are based
on culture and work needs as stated by respondents to the GTAA. The
numbers are based on the current population and the needs of seasonal
workers.

50. The Cardiff GTAA found that Gypsies and Travellers living on authorised
sites and in bricks & mortar housing preferred ‘small, family sites’, leading
Fordham’s to recommend sites of 10 -12 pitches; it also found that 88% of
Gypsies and Travellers in need of accommodation will require social
rented provision as their income levels mean that private provision is not
affordable.

51. In addition to the level of need assessed in the Cardiff GTAA, Members
were informed that the following would increase the overall need figure:

o A decision to close Rover Way - at the time of the Inquiry, there

were at least 42 chalets/ caravans on Rover Way Caravan Site
o Any refusal of existing unauthorised sites - at the time of the Inquiry,
there were at least six chalets/ caravans on unauthorised sites

42
VIEWS OF CARDIFF GTAA

52. Having heard the concerns detailed above, Members sought witnesses’
views on the Cardiff GTAA. Housing officers explained that they believed
that the Cardiff GTAA was carried out in accordance with the Welsh
Assembly Government guidance and that the Project Team for the Cardiff
GTAA included a number of relevant service areas, including planning.
They stated that they had not received any negative feedback on the
Cardiff GTAA and highlighted that the Cardiff GTAA was used by Planning
in the previous LDP. In addition, the Planning Inspector had not found fault
with the GTAA in their initial assessment of the previous LDP.

53. The Cardiff Gypsy and Traveller Project witness stated that they believe
that the Cardiff GTAA reflects the reality in Cardiff and is a realistic
assessment; they were involved in the Project Team that developed and
oversaw the Cardiff GTAA. If anything, the Cardiff Gypsy & Traveller
Project believe that Cardiff could actually have a higher needs figure than
is in the GTAA due to additional need from families in housing and also
families wanting to move into Cardiff. This view is based on their
experience of working in Cardiff and the surrounding areas rather than
hard data.

54. Members heard from senior planning officers their view that, due to the
concerns with the GTAA methodology (outlined above in points 38 - 39)
Cardiff Council was disadvantaged by the Welsh Assembly Government
GTAA methodology in that Cardiff Council was expected to find more sites
for Gypsies and Travellers than was reasonable when compared to
neighbouring local authorities.

55. Senior planning officers raised some initial potential issues with the Cardiff
GTAA that they would wish to explore as part of testing the robustness of
the Cardiff GTAA. These issues were:

43
 o That there is not much of a problem with unauthorised sites in Cardiff
and that they would expect there to be more unauthorised sites if the
level of need was as high as is suggested in the Cardiff GTAA
o That the Cardiff GTAA includes Gypsies and Travellers in bricks and
mortar housing in Cardiff whereas other GTAAs in South East Wales
do not; this puts Cardiff at an unfair advantage with regard to
increasing the needs figures via a contribution that is ignored by
other South East Wales local authorities
o That Gypsies and Travellers in bricks and mortar housing would not
be regarded as Gypsies and Travellers in planning terms, as the
planning definition refers to a nomadic lifestyle, even though planning
officers agreed that, ethnically, they were Gypsies and Travellers
o A need to roll forward the assessment of need from the GTAA period
of 2008-2018 to the LDP period which goes up to 2026.

56. However, Members heard from Housing witnesses that, with regard to
Gypsies and Travellers in bricks and mortar housing, only those in housing
need, in unsuitable bricks and mortar housing, were included in the needs
assessment and that this is in line with the Welsh Assembly Government
guidance. With reference to planning only having to recognise Gypsies
and Travellers who had a ‘nomadic lifestyle’, Councillor Judith Woodman
stated that those days are long gone and some Gypsies and Travellers
may need to move into bricks and mortar housing - due to ill health for
example - but that Cardiff Council would still regard them as Gypsies and
Travellers and assess their needs accordingly.

57. Members asked that the neighbouring local authorities be contacted to

check whether their GTAAs covered Gypsies and Travellers in bricks and
mortar housing; the results of this are detailed in Appendix B and show
that all the local authorities included this aspect in their GTAAs, in line with
Welsh Assembly Government guidance. However, the extent to which
needs were uncovered via this aspect of assessment is limited by the
incomplete data local authorities hold on this element.

44
 NEIGHBOURING LOCAL AUTHORITIES GYPSY &
TRAVELLER ACCOMMODATION ASSESSMENTS

58. Members commissioned the Scrutiny Research Team to undertake desk-

based research into the demand for Gypsy & Traveller Accommodation in
Cardiff’s neighbouring local authorities in South East Wales. The full
research report is attached as Appendix B of this report.

59. The research found that all the neighbouring local authorities included in
the research study had completed a GTAA. All the local authorities had
commissioned external research organisations to carry out their GTAAs,
and stated that they followed the Welsh Assembly Government guidance
for GTAAs.

LEVEL OF ASSESSED NEED IN NEIGHBOURINHG LOCAL

AUTHORITY GTAAs

60. The GTAAs showed a wide variation in the number of pitches that are
stated as being required by each Local Authority in order to meet the
accommodation needs of the Gypsy and Traveller community over a ten
year period. Two local authorities report that they have no unmet need and
therefore no plans to make provision for Gypsy & Traveller
accommodation. The other seven local authorities all have plans to provide
additional Gypsy & Traveller accommodation. Further details on these are
shown in the table below.

45
Local Authority Number of Proposed
additional pitches mechanism for
needed over a ten delivering
year period pitches
Blaenau Gwent 6 Permanent Extend existing
local authority site
Bridgend 6 Transit Via existing or
new local
authority site
Caerphilly None -
Merthyr 10 Permanent Within existing
Gypsy & Traveller
site
Monmouthshire None -
Newport 29 Permanent At least 14 social
7 Transit rented and
potentially 11
private pitches -
in the process of
identifying
suitable sites to
allocate in their
LDP
Rhondda 8 -10 Permanent Have allocated a
Cynon Taff specific site in
their LDP for a
local authority run
site
Torfaen 20 - 30 Permanent Are looking to
allocate a specific
site in their LDP
for a local
authority run site
Vale of 6 Permanent Are looking to
Glamorgan 15 Transit allocate a specific
1 House site in their LDP
for a local
authority run site

46
VIEWS OF NEIGHBOURINHG LOCAL AUTHORITY GTAAS

61. Due to comments made by senior planning officers, Members were initially
concerned about the possibility of some neighbouring local authorities not
capturing the data on need in their area. However, the research
commissioned by Members, attached at Appendix B, shows that most
local authorities do capture data on authorised and unauthorised sites,
tolerated and not tolerated, and are taking action to meet identified need.
The research also shows that most of the local authorities do not capture
data via their housing waiting lists and that the approach to dealing with
roadside encampments varies across local authorities.

62. Members heard from the South East Wales Strategic Planning Group
representatives and from the Cardiff Gypsy and Traveller Project that
some of the early assessments of accommodation needs for Gypsies and
Travellers (carried out as part of Local Housing Market Assessments) were
seen by planning officers as not robust enough to withstand a Planning
Inspector review; this had led some local authorities to commission
additional GTAAs to ensure that the final evidence base was robust. The
results of the GTAAs are informing the development of their LDP policies
and site allocation, as per Welsh Assembly Government guidance.

47
 NEXT STEPS IN ENABLING FUTURE PROVISION

63. Members heard that there are several steps to go through to determine
future provision of accommodation for Gypsies and Travellers. These are:
o Concluding a final accommodation needs figure for Gypsy & Traveller
accommodation, via testing the GTAA to ensure it is robust and varying
the GTAA if the testing process proves this is needed
o Using the final accommodation needs figure to determine the level of
provision that needs to be detailed in the LDP, including naming
suitable specific sites and putting in place a criteria-based policy for
future site selection in case future needs arise.

64. Members explored these aspects with witnesses and their findings are
detailed below.

TESTING THE GTAA

65. Members were informed by planning officers that it is the responsibility of

the local planning authority to undertake the necessary technical work to
demonstrate that its LDP can withstand the Inquiry process, that the LDP
can be considered ‘sound’ and therefore adopted. It is the responsibility of
The Planning Inspectorate to test the soundness of the LDP; the Welsh
Assembly Government role is to look at and consider the evidence and the
overall balance of need and provision but not to go into the minutiae of the
technical work.

66. The Planning Inspector will ask the local planning authority to give
evidence to support their position and can suspend examination till the
local authority has done the assessment. When assessing the evidence
base local authorities can either progress individually, or work
collaboratively where issues may have wider spatial implications.

48
67. With regard to testing the GTAA, Members heard from The Planning
Inspectorate that they expect the local authority to look at the following:

o The relevant tests of soundness detailed in Local Development Plans

(Wales) 2005 and Circular 30/2007 - including that the LHMA has been
done according to the guidance and that unauthorised sites are dealt
with as per paragraph 12 of the Circular 30/2007
o Check whether the local authority has looked at other sources of
sensible evidence
o In terms of authorised encampments, need to look at whether there are
vacant plots or whether there is overcrowding. If there is no room on
existing sites, this illustrates pent-up demand.
o If there is unmet need, has the local authority identified sites in their
LDP?

68. The Planning Inspectorate witness stated that if a local authority has not
done some of the above, it does not mean that the whole LDP is flawed,
as it all forms part of a jigsaw; however, they would expect the local
authority to use the Circular 30/2007 as a first port of call. The Planning
Inspector will also look at whether there has there been representations
from Gypsy and Traveller communities and stakeholders and their
representatives at the Deposit Stage. The Planning Inspectorate will invite
them to the Hearing Stage and assess and probe local authority evidence
to see if it supports the direction of the LDP.

69. Members explored with The Planning Inspectorate the possibility of a local
authority reporting a zero need. The Planning Inspectorate witness stated
that it may be that a robust GTAA leads to an assessment of zero need
because the need is zero. However, the Planning Inspector would need to
probe the evidence to see if this is correct, including looking at the local
authority evidence regarding the recording of unauthorised sites. If the
evidence was correct that there was a zero need, the local authority would
need to include a criteria-based policy for future site selection in order to
have a policy to assess site suitability if need arises. The research

49
 commissioned by Members, attached at Appendix B, shows that two out
of nine of Cardiff’s neighbouring local authorities in South East Wales have
reported a zero need: Caerphilly and Monmouthshire.

70. Planning officers stated that, with regard to trying to ensure that the case
built was robust and fit for purpose, either the local authority accepts
everything as stated as needed by the GTAA and then provides for this, in
which case there is no argument with the needs assessment, or the local
authority needs to provide evidence to show why the GTAA is not robust,
in which case there is a need to question the GTAA evidence. Planning
officers stated that, if they were to follow the latter route, they would need
to provide the following:
i. evidence to question the numbers (in the GTAA)
ii. evidence to show that land is needed for higher priority land uses and
therefore evidence to show the local authority could not provide more
sites
iii. evidence to show sites in region to meet need.
iv. Cardiff would need to show that a proportion of need is regional and
question whether there is demand in their local authorities.

71. In respect of point iii above, Members asked senior planning officers how
they would gain evidence of sites outside the city boundaries. Senior
planning officers responded that they are not sure they will have to but
they might have to. Senior planning officers stated that, ideally, they would
like sites in regional local authority’s areas but that they recognise that
they are not likely to get them; Cardiff cannot allocate sites in other local
authorities.

72. Members sought the views of housing officers regarding planning officers
testing the GTAA. Housing officers stated that they accepted the need to
challenge the GTAA and recognised the need to roll it forward to 2026,
although they believe there is a need to think through the statistical
robustness of this. They pointed out that planning officers were on the
working group to develop the GTAA approach and that it was used in the

50
 previous LDP. Housing officers expect to be involved in discussions with
planning officers to work out a route forward on this.

VARYING THE GTAA

73. Following on from the evidence detailed above regarding testing the
GTAA, Members were interested to check with the Welsh Assembly
Government Head of Plans branch witness and The Planning Inspectorate
witness their views on varying the original figures in the GTAA.

74. The Welsh Assembly Government Head of Plans witness stated that
‘local authorities can put forward a case for any figure - we then check if
it is robust and The Planning Inspectorate checks if it is robust. Need to
look at the evidence base in totality - if there is an existing study and it is
refined, you need to be able to prove why it has changed and which is
more robust. Ideally, best to do one study - makes it easier to defend
through the examination process.’

75. The Planning Inspectorate witness stated that, in terms of a lower or

higher figure than in the original GTAA, this was

‘Difficult. If the assessment shows a certain need, then have to identify

land. If it doesn’t show a need, then why do a refinement? It’s possible
that could have sites in the first few years of a Plan but not immediately
available but would expect the sites to be identified and to be
deliverable. If a large demand, recognise that can’t meet it overnight;
would question why allowed it to become so large. Providing more is
not a problem; overprovision can be dealt with but if under-provision,
Gypsies and Travellers could come forward with an alternative site to
the Inspector, who could recommend accepting site. Same principle
applies throughout needs assessment – make provision or give
reasons why no provision. Can’t lay down circumstances when accept
less - would expect sites to be identified.’

51
76. Members enquired how The Planning Inspectorate would view new
evidence that came after the completion of the GTAA. The witness for The
Planning Inspectorate responded that it was part of the process to allow
new evidence to come forward and that, ultimately, the Courts would stop
them trying to prevent evidence coming forward. The witness re-iterated
that evidence has to be available prior to the Deposit Stage because the
LDP has to be evidence-based. If new evidence comes after that, at
Deposit Stage, the Planning Inspector would seek to ensure that everyone
has the opportunity to assess the evidence and be informed of the
evidence and be able to comment on it; the Planning Inspector would give
one - two weeks for everyone to look at and comment on the new
evidence.

POSSIBLE TYPES OF PROVISION

77. Members heard that there was a range of options in terms of the types of
provision that could be made to meet the assessed need for Gypsy &
Traveller accommodation. These included:
o Socially rented sites - either Local Authority or Registered Social
Landlord
o Private sites - that are owned, managed and run by and for Gypsies
& Travellers
o Private sites - that are owned, managed and run by Gypsies &
Travellers for their own families.

78. The Cardiff GTAA equates to approximately 20 permanent pitches per

annum. The Cardiff Gypsy & Traveller Project believes that this annual
requirement could almost be met by the private sector, by Gypsies and
Travellers being land owners and developers. However, Members heard
from housing officers that, whilst the private sites would count towards the
overall provision, there was no mechanism for the local authority to secure
nominations to these sites. Housing officers believed that the majority of
the need would have to be met via social rented Gypsy & Traveller sites,

52
 which were affordable and allocated on a needs basis. This accords with
the findings of the GTAA, previously referred to at point 50 of this report.

79. Members also explored the issues of the number of sites and the size of
sites. The Cardiff GTAA found that respondents mostly favoured small,
family sites and this was a view that was also put forward by the Cardiff
Gypsy & Traveller Project. However, Members heard from Planning and
Housing officers that small sites and the pepper potting of these sites were
not seen as a realistic option due to limited site availability, management
and maintenance costs and difficulty in enabling community provision
across a number of small sites. In terms of site design, Members heard
that there was guidance from the Welsh Assembly Government that
detailed appropriate layouts and facilities.

80. Members heard from Housing that, if they were to develop a site, they
would want to plan a site that allowed for natural growth e.g. 15 pitches but
space for 45 pitches – as they believe that this would make the site more
sustainable longer term. Members also heard from Housing that any future
site would need to be self-sustaining financially, in terms of the running
costs being neutral for the Council.

LOCATION OF SITES

81. In terms of the location of sites, Members heard that no sites have been
identified as yet. Instead, the process of finding suitable sites begins with
the Candidate Site stage of the LDP, whereby land owners and developers
put forward their proposals for development to the local planning authority.
The local planning authority will go through the candidate sites, looking at
competing land uses, such as land for housing uses, commercial uses etc.
The aim for planning officers is to look at the competing land uses and try
to achieve best value, which in this situation because of the scarcity of
land is to do with the density of the use of land. Planning officers pointed
out that Gypsy & Traveller sites are low density compared to other
residential uses and that this may pose a problem as best value may

53
 dictate that planning officers are drawn to recommend other residential
uses.

82. Members heard from housing officers that the majority of Gypsies and
Travellers living in Cardiff want to remain living in Cardiff. Housing officers
stated that, as part of a recent survey, they asked the residents of the two
local authority sites where they would like to live and the majority
responded that they wished to stay in Cardiff. Members heard from one of
the witnesses from the South East Wales Strategic Planning Group that
Torfaen Council had found a similar picture in their area, where the
majority of Gypsies and Travellers did not want to move from their current
locations.

83. Members asked scrutiny officers to look at the survey carried out by
housing and detail the age range and birthplace of the residents of Rover
Way and Shirenewton Caravan Sites. The findings of these illustrate that
the vast majority were born in Cardiff. On Shirenewton, out of 195
residents, 158 were born in Cardiff (81%), another nine were born in South
Wales, four were born in West Wales, 23 were born in England and one
was born in Ireland. On Rover Way, out of 80 residents, 65 were born in
Cardiff (81%), another two in South Wales, seven in West Wales, four in
England and one in Ireland. In terms of residents up to 25 years old, out of
183 residents, 166 were in born in Cardiff (91%).

84. The Cardiff Gypsy & Traveller Project stated that:

‘Cardiff Gypsies and Travellers want to be living in Cardiff - a very clear

majority want this. Families moving close to the local authority boundaries
might work, say within three or four miles but any further than this, there’s
no demand for it and families would resist moving and the provision would
end up being used by other families nearby but not by Cardiff families.
Also, even if families do go there, there is unmet need in those areas; local
authorities won’t want to meet Cardiff’s needs. There are also practical
issues re running and managing the sites - who does it? How does the

54
 waiting list operate? What about homeless legislation and local connection
etc.?’

85. Members heard from Gypsies and Travellers, on their visits to Shirenewton
Caravan Site, other sites in Shirenewton and Rover Way Caravan Site,
about where they would like to live. Some of the residents at Rover Way
Caravan Site were clear that, whilst they did not want to stay on the
specific site they were on, due to the poor site conditions, they did not
want to move very far as they felt relatively accepted and safe in this area
and had formed links with the wide community, schools, GPs and shops
etc. Some of the residents at Rover Way Caravan Site felt that new sites
should be found within a mile of the current site, from the Pengam Green
roundabout downwards. Some of the residents at Shirenewton Caravan
Site said that they would like to have sites near to the existing site so that
they were close to their families and support networks.

FINANCING PROVISION

86. During the course of this Inquiry, Members learnt that the Welsh Assembly
Government has two types of capital grant that local authorities can bid for
- the New Sites Grant and the Refurbishment Grant. These grants provide
75% funding, with the remaining 25% needing to be met by the local
authority. Both grants are demand-led programmes, with local authorities
able to bid each year; the bids are then assessed on an agreed set of
criteria based on the relative need for the work or site. Further details on
these can be found at Appendix A, page 3.

REGIONAL PROVISION

87. Members heard from planning and housing officers that regional provision
may play a role in meeting the accommodation needs of Gypsies and
Travellers. Planning officers and housing officers put forward different
reasons for regional provision, as follows:

55
 o Planning officers - there is a need for a regional approach to Gypsy &
Traveller accommodation provision from a reasonableness perspective;
there are issues with the existing GTAA methodology which mean that
it perpetuates provision in the areas that already provide
o Housing officers - believe that regional provision is beneficial as it
would lead to more choice for Gypsies and Travellers, which is
desirable as it provides more equality for Gypsies and Travellers
regarding where they live and spreads the culture of provision. Housing
officers stressed that regional provision was not about Cardiff not
meeting its needs; Cardiff would have to meet its needs. Housing
officers saw this not as a Cardiff issue but as a Welsh issue.

88. Members queried whether, given everything they had heard about the
majority of Gypsies and Travellers having lived in Cardiff for several
generations and wanting to stay here, how reasonable it was to propose
cross boundary provision for permanent sites.

89. Councillor Judith Woodman highlighted that there are some Gypsies &
Travellers living in bricks and mortar housing and that, just like the settled
population, some will move out of Cardiff for a variety of reasons and
therefore it is reasonable to expect other local authorities to meet some of
the need. Housing officers re-iterated the point that regional provision will
promote equality for Gypsies and Travellers by enhancing choice.

90. Given the views put forward, Members explored with other witnesses the
background to regional provision and the opportunities for regional
provision. Members heard from the Welsh Assembly Government Head of
Plans that, in Wales, there is no formal regional planning but local
authorities are encouraged to work together because that is how evidence
works spatially. Theoretically, Cardiff is a city-region, which implies that
issues could be resolved across local authority boundaries. Members were
also told that theoretically there would need to be the maturity to share
financial contributions. Members heard from the Welsh Assembly
Government Head of Plans that the Welsh Assembly Government

56
 encourages local authorities to work collaboratively, where appropriate, to
provide a robust evidence base, reduce costs and avoid duplication. LDP
Wales states:

“Issues of a strategic nature which affect more than one local planning
authority will require consultation and collaboration between all
authorities likely to be affected.” …….. “Cross boundary work should be
integrated into LDPs where relevant.” (LDP Wales, paragraph 2.2.1)

91. In the area of Gypsy & Traveller accommodation provision, Circular

30/2007 recommends working in partnership across boundaries, as Gypsy
& Traveller needs cross boundaries. Equally, whilst the responsibility for
conducting a GTAA lies within each local authority, the Guidance strongly
recommends working in partnership regionally or sub-regionally, whilst
ensuring that the data is dis-aggregable to individual local authority areas.
This has happened in Cardiff, as the Council carried out a joint study with
the Vale of Glamorgan Council which was dis-aggrable for each local
authority area.

92. The written submission from the Welsh Assembly Government supports
the above, stating:

‘The Welsh Assembly Government urges local authorities to work in a

regional capacity and share the legal, moral, financial and political
responsibility to address the accommodation inequality experienced by
the Gypsy and Traveller community in Wales.’9

93. Members heard from planning officers that they had several concerns
regarding the reality of regional working to enable regional provision, which
were:
i. that where Cardiff Council put forward regional working in the last
proposed LDP, it was not accepted by the Planning Inspector as they
were not convinced that it was correct or deliverable

9
WELSH ASSEMBLY GOVERNMENT written submission, attached as Appendix A - page 7

57
 ii. that the Planning Inspector is looking at LDPs in isolation, rather than
looking at regional working and provision
iii. that neighbouring local authorities are potentially less willing to
collaborate on Gypsy & Traveller accommodation provision, given the
anticipated reaction from other residents
iv. that the timing of different Council’s LDPs will have a bearing on
whether joint working is appropriate and achievable. Some
neighbouring local authorities have already adopted their LDP e.g.
Caerphilly – and then they are not able to work with other councils on
regional provision.

Concerns re regional working not being accepted

94. Members explored the first of these concerns with the Welsh Assembly
Government Heads of Plans, who stated:
o Where local authorities are doing regional, collaborative working, it is
essential that they are able to explain it and the reasons for it and are
able to justify how they have reached their conclusions; it is very
difficult for regional working to be accepted if there is either no
evidence or the evidence is not clear or understandable, and
o Local authorities receive very clear messages regarding how to
undertake effective regional working - they need to look inwardly if
there are problems with this.

95. Members also explored this concern with The Planning Inspectorate. This
witness detailed the types of questions that a Planning Inspector would
ask about a proposed joint approach to provision. These questions centre
on the certainty of deliverability and covered the following:
o Is the proposed site in an LDP that has been adopted?
o Could the proposed site be removed by a Planning Inspector?
o Does the proposed site have planning permission?
o What mechanisms are in place to ensure certainty about the site
coming forward and being developed?
o Will it meet demand in the original local authority area or in all the
areas covered by the regional working?

58
 o Is the location right to meet the needs identified?

96. The Planning Inspectorate witness went on to state that he could not rule
out regional provision because it would depend on the complete
circumstances but that he can see problems with this approach.

Concerns re treating LDPs in isolation

97. Members sought the views of the Welsh Local Government Association
witnesses, Welsh Assembly Government Head of Plans and The Planning
Inspectorate witness with regard to the second concern detailed above,
regarding Planning Inspectors treating LDPs in isolation.

98. The WLGA witnesses stated that this had been one of their concerns
about the LDP process; the tension centres on whether individual LDPs
can be found ‘sound’ if they are depending on provision in another local
authority area. The WLGA believe that a sensible approach to this would
be for the Planning Inspector to be able to see the joins between LDPs;
otherwise there is a risk that, for example, Wales would end up with 22
waste facilities when less is needed. They had raised these concerns with
the Welsh Assembly Government Minister.

99. The Planning Inspectorate witness stated that two of the soundness tests
refer to adjoining bodies and adjoining local planning authorities and that
therefore, Planning Inspectors will look carefully at what neighbouring local
authorities say about the LDPs. Planning Inspectors are assessing the
soundness of LDP, checking for conflict with other plans but essentially it
is for local authorities to justify what is in their Plan. Planning Inspectors
are looking individually at local authorities but are also looking for joint
working and for no conflicts as well. As far as examination of LDPs is
concerned, one of the questions will be in terms of provision and policy in
adjoining local authorities - if a local authority can demonstrate a joint
approach the Planning Inspector is likely to accept this as there is a
recognition that need doesn’t stop at boundaries.

59
Concerns re willingness of neighbouring local authorities to collaborate
100. Members explored the third of the concerns detailed at Point 93 with
the representatives of the South East Wales Strategic Planning Group
(SEWSPG), the Welsh Local Government Association and The Planning
Inspectorate. They received the following responses:
o With regard to SEWSPG, there has been no direction from Members
on regional provision for Gypsies and Travellers. There is nothing to
stop officers promoting it and, if Cardiff had chosen to champion this, it
could have happened.
o Officers have managed to collaborate across local authorities for other
issues, such as minerals and wind energy, via other working groups
such as the South Wales Regional Aggregates Working Party.
o The WLGA view was that they were not aware of specific issues
regarding Gypsy & Traveller provision and local authorities being less
willing to collaborate on this
o Members asked The Planning Inspectorate witness about the view that
local authorities are happy to work collaboratively in other areas but not
re Gypsy & Traveller provision, to which The Planning Inspectorate
witness stated ‘yes, I recognise that.’

101. Members asked planning officers whether they had tried to raise the
issue at SEWSPG, which was chaired by Cardiff Council for the last three
years (until September 2010); they responded that it had been raised and
discussed several times.

102. Members also asked housing officers whether they had tried to raise
the issue of regional provision at the South East Wales Regional Housing
Forum (SEWRHF); officers responded that it had been raised and
discussed at SEWRHF several times and had been met with polite
acceptance but no appetite.

Concerns re timings of LDPs

103. With regard to the final concern raised by planning officers, regarding
the difference in timings of LDPs and the impact of this on regional

60
 working, Members explored this with a range of witnesses. The Welsh
Assembly Government Head of Plans stated that the timing of different
LDPs may have a bearing on whether joint working is appropriate and
achievable. The disparity in the timings of the LDPs could close down
options this time but there was nothing to stop discussions next time, in the
next round of LDPs.

104. The Planning Inspectorate witness stated that there may be scope to
reduce provision in an LDP if a neighbouring local authority is making
provision, but only if their LDP has gone through the process already and
there is certainty about provision.

105. Given the above, members asked internal witnesses - planning and
housing officers - whether Cardiff Council had ‘missed the boat’ with
regard to regional working.

106. Planning officers stated that in theory, there is capacity for regional
solutions but in reality, local authorities are at different stages with their
LDPs - Rhondda Cynon Taff, Caerphilly & Merthyr have all either adopted
or are near to deposit stage, so this makes it very difficult to do regional
working as the local authority will not be able to get LDP allocations cross-
border where an LDP is adopted (as local authorities cannot
retrospectively add in an LDP allocation). They stated that no other local
authority has actively approached Cardiff to meet their needs through
regional working.

107. Senior planning officers stated that Cardiff is struggling due to a lack of
a regional structure or requirement to work together. They feel that the
solution is in the hands of the Welsh Assembly Government and that a
more prescriptive approach is needed by them. Members heard from
planning officers that the role of the Welsh Assembly Government was not
as strong as they would want it to be. Whilst the Welsh Assembly
Government supports regional working they have no powers to enforce
this.

61
108. The Welsh Assembly Government in their written submission (attached
at Appendix A) state that they have demonstrated leadership at a national
level and provided a framework that encompasses policy, grants, guidance
and best practice documents to aid local authorities to meet their
responsibilities in relation to accommodation provision for Gypsy &
Traveller communities.

109. Members heard from the Welsh Assembly Government Head of Plans
that the role of the Welsh Assembly Government was to set out the
strategic direction via the national planning policy framework. The Welsh
Assembly Government does not set regional targets as there is no formal
regional planning in Wales; it is up to local authorities to plan for their local
needs and to work jointly and collaboratively where it is sensible to do so.
Members were informed that there are numerous references regarding
collaborative working and that the Welsh Assembly Government
encourages this for efficiency and because some issues transcend
regional boundaries. The Head of Plans stated that, in terms of a potential
role for the Welsh Assembly Government to play in the future in terms of
co-ordinating joint local authority working,

‘I don’t think it should go down this route - England has just abandoned
the top down, prescriptive route - it goes against the view that local
authorities are best placed to take decision. It’s about local
determination.’

110. Planning officers stated that they felt that there was no option for
regional working, which did not mean that they shut the door on regional
working but that they had to show the Planning Inspector that Cardiff is
demonstrably meeting the evidenced need. The Chief Strategic Planning &
Environment Officer stated that he felt

‘This is a double edged sword - if we say that there should be a regional

solution but we can’t provide it - we hang ourselves.’

62
TAKING REGIONAL PROVISION FORWARD

111. Members asked witnesses for their views about the best ways to take
regional working forward. Housing officers stated that there are several
ways, including:
o Continue to have conversations with the Welsh Assembly Government
- need to keep having these to build understanding of the need to
include this as part of the regional housing strategy framework
o Provide colleagues in other local authorities with help and support -
share our expertise in how to successfully manage Gypsy & Traveller
accommodation.

112. One of the representatives of the South East Wales Strategic Planning
Group stated that regional working should focus on the need for transit
sites for Gypsies and Travellers, as this was the main area where the
needs applied across boundaries.

63
 ROLES OF OTHER BODIES

113. Members were interested to explore with witnesses the roles that other
relevant organisations could play in supporting the provision of Gypsy &
Traveller accommodation.

WELSH ASSEMBLY GOVERNMENT

114. As part of the research commissioned by Members, planning and

housing officers in the neighbouring local authorities made several
suggestions for the role that the Welsh Assembly Government could play
in this area, as follows:
o To coordinate a study on transit sites - the need for them and the
routes and provision required. Each local authority can show a small
need but need the overview to get the whole picture.
o To do more to compel authorities to work collaboratively on Gypsy and
Traveller accommodation issues
o To require local authorities to update their information on Gypsy and
Traveller accommodation needs annually
o To make the provision of Gypsy and Traveller accommodation a
statutory requirement
o To make available more financial support to local authorities to meet
needs identified.

REGIONAL FORA

115. The South East Wales Strategic Planning Group (SEWSPG) started in
1996 and is a collaborative organisation with ten constituent local
authorities: National Park Brecon Beacons, Cardiff, Newport, Vale of
Glamorgan, Bridgend, Torfaen, RCT, Blaenau Gwent, Merthyr and
Monmouthshire. It allows a forum for discussion, sharing experience and
identifying collaborative working. It is based on consensus; there is no
mechanism for resolving conflict or disagreement. There is no formal or

64
 statutory basis; it is based on collaborative approach. It is primarily an
officer group. At the AGM, Executive Members attend. Ultimately, all
decisions are made by members; each local authority representative goes
back to their Executive Member for approval. Members heard from
representatives of SEWSPG that there is potentially a role that SEWSPG
could play in coordinating an annual collection, collation and storing of the
GTAA data.

OTHER ISSUES IDENTIFIED

116. Members heard that there were real implications for the Council if it did
not meet the needs detailed in the GTAA. The Cardiff Gypsy & Traveller
Project stated that the GTAAs can be used as a material planning ground
and that the Planning Inspector can grant temporary permission if the
needs identified in GTAAs have not been met. In England, the response by
some Gypsy and Traveller families has been ‘let’s put in for planning
permission because now is the chance to get it’. The Cardiff Gypsy &
Traveller Project stated that this could be positive for some local
authorities because then they would not have to provide social rented
sites.

117. Members sought the views of The Planning Inspectorate witness on the
above. He concurred that it was correct that there is the potential for
Gypsies and Travellers to appeal successfully if an assessment of need is
not being met - they would be given temporary planning consent; this is
specifically mentioned in Circular 30/2007. The witness explained that the
Planning Inspector has to weigh the need versus the identified harm e.g. if
the site is in the countryside, is the identified need sufficient to outweigh
countryside protection - is the site reasonably hidden, is there reasonable
access etc. Planning Inspectors do allow sites not permitted for other
development because of unmet need. Circular 30/2007 sets out the criteria
- built up areas, access to medical/ schools/ transport facilities. However,
where there isn’t need or the need is small, it is likely that the Planning

65
 Inspector will refuse permission; if unmet need, this will weigh in support of
permission being granted.

118. The Planning Inspectorate witness stated that there is recognition that
the local planning authority might be progressing the LDP but has not yet
identified sites or allocated sites, so a temporary planning permission
could be granted in such circumstances. It is a possibility that the site
might be outside those put into the LDP. However, if the LDP is at the
Deposit Stage and there are no identified sites, the Planning Inspector
may ask why Gypsies & Travellers have not submitted an alternative site
for inclusion in the LDP. The witness stated that Gypsies and Travellers
sometimes buy sites and then apply for planning permission; the Planning
Inspector will try to balance need in such circumstances and there is
nothing against retrospective planning permission. This has been granted
on a number of appeals in South Wales and refused it as well.

66
 INQUIRY METHODOLOGY

Members undertook the inquiry between October 2010 and February 2011.
Members received evidence from County Councillor Margaret Jones
(Executive Member: Environment), County Councillor Judith Woodman
(Executive Member: Communities, Social Justice & Housing), Sarah McGill
(Chief Housing & Neighbourhood Renewal Officer), Sean Hannaby (Chief
Strategic Planning & Environment Officer), and officers from their service
areas who provided detailed presentations and additional information as well
as attending question & answer sessions.

Members also received evidence from a range of external witnesses, as

follows:
o Tim Wilson, Director, Cardiff Gypsy & Traveller Project
o Mark Newey, Head of Plans, Welsh Assembly Government
o Jim McKirdle, Housing Policy Officer, WLGA
o Craig Mitchell, Regeneration & Environment Policy Officer, WLGA
o John Davies, Director for Wales, The Planning Inspectorate
o Nicola Gulley, Representative from South East Wales Strategic
Planning Group
o Adrian Wilcock, Representative from South East Wales Strategic
Planning Group

Scrutiny Research Services undertook desk-based research into ‘The Supply

of and Demand for Gypsy & Traveller Accommodation in Cardiff’s
Neighbouring Local Authorities’; this report is attached in full at Appendix B.

Members received written submissions from the following:

o Mark Jennings, Chair, South East Wales Regional Housing Forum
o Carol-Ann Mooney, Head of Inclusion Unit, Welsh Assembly
Government
o The National Gypsy Council.

67
Members undertook site visits to Shirenewton Caravan Site and sites nearby
on 24th January 2011 and to Rover Way Caravan Site on 28th January 2011.
On these visits, Members spoke to a number of residents who invited
Members into their homes and discussed their experiences of living in Cardiff
and of trying to find accommodation in Cardiff. A résumé of these visits is
attached at Appendix C.

Members then considered all of the information gathered via the above prior
to framing their recommendations.

LEGAL IMPLICATIONS

The Scrutiny Committee is empowered to enquire, consider, review and

recommend but not to make policy decisions. Any report with
recommendations for decision that goes to Executive/Council will set out any
legal implications arising from those recommendations. All decisions taken by
or on behalf the Council must (a) be within the legal powers of the Council; (b)
comply with any procedural requirement imposed by law; (c) be within the
powers of the body or person exercising powers of behalf of the Council; (d)
be undertaken in accordance with the procedural requirements imposed by
the Council e.g. Scrutiny Procedure Rules; (e) be fully and properly informed;
(f) be properly motivated; (g) be taken having regard to the Council's fiduciary
duty to its taxpayers; and (h) be reasonable and proper in all the
circumstances.

FINANCIAL IMPLICATIONS

There are no direct financial implications arising from this report

68
COMMUNITY AND ADULT SERVICES SCRUTINY
COMMITTEE MEMBERSHIP

Councillor
Ralph Cook
(Chairperson)

Councillor Councillor
Asghar Ali Kirsty Davies

Councillor Councillor Councillor

Jacqui Gasson Geraldine Grant Brian Griffiths

Councillor Councillor Councillor

Martin Holland Lyn Hudson Jaswant Singh

69
 TERMS OF REFERENCE

To scrutinise, measure and actively promote improvement in the Council’s

performance in the provision of services and compliance with Council policies, aims
and objectives in the area of community and adult services, including:

• Public and Private Housing

• Adult Social Care
• Disabled Facilities Grants
• Community Care Services
• Community Safety
• Mental Health & Physical Disabilities
• Neighbourhood Renewal and Communities Next
• Commissioning Strategy
• Health Partnership
• Advice & Benefit
• Local Service Board
• Consumer Protection
• Older Persons Strategy

To assess the impact of partnerships with and resources and services provided by
external organisations, including the Welsh Assembly Government, Assembly-
sponsored public bodies, quasi- departmental non-governmental bodies and health
services on the effectiveness of Council service delivery.

To report to an appropriate Executive or Council meeting on its findings and to make

recommendations on measures which may enhance the Authority’s performance in
this area.

To be the Council’s Crime and Disorder Committee as required by the Police and
Justice Act 2006 and any re-enactment or modification thereof, and as full delegate
of the Council to exercise all the powers and functions permitted under that Act.

70
 Scrutiny Services, Cardiff County Council
CY6 The Courtyard, County Hall, Atlantic Wharf, Cardiff CF10 4UW
Tel: 029 2087 2438 Email: scrutinyviewpoints@cardiff.gov.uk
© 2011 Cardiff County Council

71
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

Welsh Assembly Government Response to Cardiff Council Community

and Adult Services Scrutiny Committee Inquiry on the Provision of
Accommodation for Gypsy and Traveller Households in Cardiff
January 2011

Background

The Welsh Assembly Government has developed a policy framework that will
have important implications for provision of services to Gypsies and Travellers
in Wales.

Our objective is to ensure that the needs of Gypsies and Travellers are
assessed, planned and implemented in a more strategic way. We are
committed to ensuring an approach towards the delivery of services and
support for Gypsies and Travellers in Wales, which delivers fairer outcomes.
That is; an approach which recognises cultural differences and the issues
which have often led to the social exclusion of this group, an approach which
recognises the tensions which often exists between Gypsies and Travellers
and the settled community, an approach which attempts to address these by
the promotion of inclusive services.

The Gypsy Traveller team was set up in January 2007 and is responsible for
taking forward the Welsh Assembly Government’s response to two reports
into Gypsy and Traveller issues:

• Review of Service Provision for Gypsies and Travellers (Equality of

Opportunity Committee Report 2003)

• The Accommodation needs of Gypsy Travellers in Wales (Niner 2006)

The Gypsy and Traveller team act as an all Wales coordinator to champion
the views of Gypsies and Travellers and provide a national strategic focus to
Gypsy and Traveller policy development. In addition the team provides
support and advice to Local Authorities on issues around site management
and site provision.

The role and work of the Welsh Assembly Government’s Inclusion Team
based in the Equality Diversity and Inclusion Division

The work of the team addresses the accommodation needs of Gypsies and
Travellers, co-ordinating the implementation of recommendations in the Pat
Niner report ‘Accommodation Needs of Gypsy Travellers in Wales.’ In addition
the unit co-ordinates and supports the development of Gypsy and Traveller
policy in other areas. It is responsible for administering two capital grants for
the refurbishment of existing sites, and the development of new sites in
Wales.
The Gypsy and Traveller team promotes partnership working at both local and
national levels. The team has developed networks within the community, and
promotes better opportunities for greater involvement from Gypsies and
Travellers themselves. The team works with other Assembly departments to

1
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

ensure that the needs of Gypsies and Travellers are met, and mainstreamed
in the development of policies that will impact Gypsies and Travellers.
The Gypsy and Traveller team work to provide advice and support to Local
Authorities on the issues affecting Gypsies and Travellers including site
management and site provision. The team have over a period of years visited
nearly every Local Authority owned site in Wales. The team regularly attends
meetings and provides training and advice sessions to Local Authorities
regarding the work of the team, cultural awareness and to provide guidance.
To date the team have also been responsible for preparing papers, assessing,
monitoring and evaluating capital and revenue projects.

Sections 225 and 226 of the Housing Act

In December 2007 Sections 225 and 226 of the Housing Act 2004 were
enacted in Wales. These sections of the Act place a statutory duty on local
authorities to carry out Accommodation Needs Assessment of Gypsies and
Travellers and to strategically plan for these identified needs. The importance
of the Accommodation Needs Assessment conducted by Local Authorities is
to inform their future plans around Gypsy and Traveller accommodation
provision and ensure equality of opportunity and equal access to services.

Gypsy Traveller Good Practice Guides

In 2008 the team initiated a programme of consultation to establish what was

needed by Local Authorities in terms of guidance. As a result the team have
produced Good Practice Guides for the Design and Management of Gypsy
Traveller sites. These guides were developed in conjunction with internal and
external stakeholders, including members of the Gypsy and Traveller
community and were widely consulted on.

The Good Practice Guides assist local authorities when looking to develop
new sites and refurbish existing ones by making suggestions in respect of
pitch size, health and safety requirements including fire safety, play areas,
communal areas and site management.

The guides provide criteria which will help local authorities to choose a
suitable location when identifying new Gypsy and Traveller site locations.

Both the Site Management and Site Design Good Practice Guides will help to
ensure that Gypsy and Traveller sites in Wales are:-

• Sustainable, well managed and that maintenance is planned and not

always reactive.
• Equivalent to standards that would be expected for social housing in
the settled community

The final versions of both Good Practice Guides were launched in 2009.
These guides are available in hard copy, on the website and are available in
easy read.

2
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

Local Development Plans.

Each Local Planning Authority is required to complete a Local Development

Plan (LDP) for their area. Each plan should contain the policy of the Welsh
Assembly Government and set out the local authority’s objectives for the next
15-20 years.

All Local Development Plan are submitted to the Planning Department within
the Department for Environment, Sustainability and Housing of the Welsh
Assembly Government. A copy of each plan is then sent to the Gypsy
Traveller team who feedback to the Planning department in relation to Gypsy
Traveller issues.

Capital Funding

There are currently 17 local authority owned Gypsy and Traveller sites in
Wales that could potentially apply for the refurbishment grant and/or new sites
capital funding.

There are two grants.

The Refurbishment Grant was established in 2007-08 to support local

authorities to refurbish and upgrade their existing Gypsy and Traveller site
provision and the utilities on site. Funding is awarded on a 75% - 25% basis.
75% of the funding is provided by the Welsh Assembly Government whilst the
remaining 25% being met by the local authority.

The funding is for capital programmes designed to assist local authorities in

the refurbishment of existing Gypsy and Traveller sites to bring them up to a
decent habitable standard and the new sites programme is for the
establishment of new Gypsy and Traveller sites.

The New Sites Grant was established the following year in 2008-09 to
facilitate local authorities setting up new Gypsy and Traveller sites and to
support them in meeting their statutory duty under Section 225 and 226 of the
Housing Act 2004. The Act places a duty on local authorities to undertake an
accommodation needs assessment of Gypsies and Travellers within their
ward and to provide for the identified need. The grant also supports the local
authority duty to make explicit provision for a Gypsy and Traveller site within
their Local Development Plans.

Funding for the New Sites Grant is awarded on the same joint funding basis
as the refurbishment grant, a 75% - 25% basis. However, land value of the
proposed site can comprise all or part of the grant funding.

Both the Refurbishment Grant and the New Sites Grant are demand led
annual grant programmes. Each year applications are invited from local
authorities to bid for funding. Bids are assessed on an agreed set of criteria
based on relative need for the work or site.

3
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

Projects are completed within 12 months of being awarded funding. Funding

is awarded quarterly with 10% being retained until project completion and is
normally allocated from the subsequent financial year – therefore while
projects are 12 months long, funding commitments are usually spread over
two financial years.

Legislative Competence Order (LCO).

The team worked to ensure that the Welsh Assembly Government would have
competence in the new Housing LCO which will allow Welsh Ministers the
powers to place a duty on Local Authorities to provide Gypsy and Traveller
sites.

The proposal in the LCO on Gypsy and Traveller site provision is addressed
through Matter 11.7: “Provision by local authorities of caravan sites for use by
gypsies and travellers”.

The National Assembly for Wales legislation committee report on the LCO
was generally positive in relation to Matter 11.7 provision of caravan sites and
reported that there was broad support amongst consulters for the inclusion of
this matter. The committee concluded that there was broad support for the
Assembly to acquire legislative competence under this matter as a means of
providing a legislative safeguard in the event that a non-statutory approach
does not deliver the aim of securing appropriate sites for the Gypsy and
Traveller community.

Partnership Working.

The Gypsy and Traveller team work closely with stakeholders to ensure an
inclusive and realistic approach to all Gypsy and Traveller issues such as
health and education. As well as consulting widely within the Welsh Assembly
the team have worked to ensure that local authorities, Traveller Education
Services, Communities and Local Government and the Gypsy and Traveller
community are involved in guidance/ policy development as well as
organisations from the third sector such as the Cardiff Gypsy Traveller
Project, Save the Children and the Black Voluntary Sector Network Wales
(BVSNW).

In particular the team has worked closely with Save the Children on a number
of projects. Save the Children have developed good links with children and
young people from Gypsy and Traveller communities across Wales and have
earned the trust and respect which is vital when working with the community.

The team work closely with Local Authority partners in particular with site
managers, Gypsy and Traveller Liaison officers, Housing staff and Travellers
Education Services. Members of the team attend several working groups and
forums including the Cardiff Gypsy and Travellers Network Providers Meeting,
Powys Gypsy Traveller Working Group and Powys Gypsy Traveller Project
Group, the North Wales Forum for Unauthorised Encampments and the All

4
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

Wales Traveller Education Forum, organised and chaired by colleagues in

DCELLS.

Welsh Assembly Government views regarding the role of Local

Authorities

The accommodation of Gypsy and Travellers is one of the most controversial

and contentious issues that surrounds the Gypsy and Traveller community,
not just in Wales, but UK–wide. There is a wealth of research on the topic,
which has produced a multitude of recommendations and actions, however
the issue of sufficient and appropriate site provision remains unresolved. The
social exclusion of Gypsy Travellers has spilled over into institutional
exclusion, as they continue to experience discrimination, prejudice and
disadvantage when attempting to access services such as health, education
and accommodation. (EOC, 2003)

Lack of appropriate sites and insufficient provision has a significant

detrimental impact on the lives of Gypsies and Travellers. The links between
accommodation and other inequalities experienced by the community is well
established (EHRC, 2009). Removing barriers to other services cannot be
done in isolation without addressing the accommodation issues. Delivering
appropriate Gypsy and Traveller site accommodation will have a beneficial
impact on the community’s ability to access other essential services. If we are
determined to address the inequalities experienced by this community we
have to address as a matter of priority the lack of appropriate accommodation
provision in Wales.

The Welsh Assembly Government commissioned Pat Niner of the University

of Birmingham to undertake a comprehensive review of the existing Gypsy
Traveller site network in Wales and to establish future site provision in 2006.
The Accommodation Needs of Gypsy–Travellers in Wales1, published in
2006, is the most comprehensive analysis of Gypsy Traveller sites in Wales
and provided the impetus for the Welsh Assembly Government to set up a
dedicated Gypsy Traveller team to take forward not only the
recommendations in the Niner report, but also to develop a framework for the
development of policies right across the Welsh Assembly Government on
Gypsy and Traveller issues.

Niner identified that the existing network of 19 sites among 13 Local

Authorities was not fit for purpose. It was estimated that to bring the network
up to a decent standard would cost £3 million over five years. An additional
150–200 local authority pitches was recommended to meet the additional
need over five years. (Niner, 2006)

1
www.wales.gov.uk/housingandcommunity.

5
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

Role of Local Authorities

The role of Local Authorities is fundamental to addressing the inequalities

experienced across public services by Gypsy Travellers in Wales. The need
for leadership at the local authority level has long been recognised as a pre–
requisite for the delivery of appropriate accommodation. (Niner 2006,
Common Ground, 2006) The Welsh Assembly Government has demonstrated
a clear commitment to the accommodation agenda and has provided the
leadership at a national level. What would underpin this national commitment
is leadership at the regional level.

The Welsh Assembly Government can not deliver new sites in Wales on its
own. This can only be achieved in willing partnerships with local authorities.
There is no doubt that the issue of Gypsy Traveller site provision is very
sensitive and can pose a dilemma for elected members when settled
communities are so openly opposed to new sites in their localities. However
this opposition does not mean they can avoid fulfilling the duty they have to
the Gypsy Traveller community. As elected leaders councillors have a role in
educating the settled population about the genuine accommodation needs of
Gypsy Travellers. The Welsh Local Government Association (WLGA) is
ideally placed to help councillors undertake this role by providing training to
elected members on Gypsy Traveller issues. Councillors require the support
and direction that the WLGA can provide.

There is also a clear role for the Equality and Human Rights Commission
(EHRC). The commission has contributed notable research (EHRC, 2009) to
this topic which has helped to establish the genuine need for more Gypsy
Traveller sites in Wales. The EHRC has particular powers and responsibilities
as the promoter and regulator of the duty to promote equality that sits on
public bodies. The Welsh Assembly Government will work the EHRC to help it
use its influence and power to work with local authorities to enable them to
deliver new Gypsy and Travellers sites where needed.

The Welsh Assembly Government will keep under review existing legislation
in relation to housing and planning matters, to determine whether or not they
are contributing to the delivery of appropriate accommodation for Gypsy and
Travellers in Wales. We will give consideration as to the need to further
legislate in this area.

Currently there is no specific duty on Welsh Local Authorities to provide for

Gypsy and Traveller sites. However the Race Relations Act, Planning Circular
and Sections 225 and 226 are levers which Local Authorities can be utilised to
deliver new sites.

Race Relations (Amendment) Act 2000

Gypsies and Travellers are a recognised ethnic group under race relations
legislation and are therefore included in the scope of the duty on public
authorities to promote good relations and equal opportunities. In carrying out
its functions on working with Gypsies and Travellers, Local Authorities have a
general duty under the Race Relations (Amendment) Act (2000) to:-

6
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

- Promote equality of opportunity

- Eliminate unlawful discrimination and
- Promote good relations between persons of different racial groups

Local Authorities therefore have a duty to promote good relations between the
settled community and the Gypsies and Traveller community and
ensure that Gypsies and Travellers have equality of opportunity to access
services such as health care and education.

Planning Circular

The Planning Circular issued in 2007 states that following on from the
‘identified need’ local authorities should identify [potential land for Gypsy
Traveller sites in their Local Development Plans (More information can be
found on above)

Sections 225 and 226 of the Housing Act 2004

There is a legal duty under Sections 225 and 226 of the Housing Act 2004
which states that every local authority in Wales must undertake an
accommodation needs assessment for Gypsy Travellers and provide for those
identified needs.

The expectation is that local authorities will deliver new sites where the need
has been clearly established. Sections 225 & 226 of the Housing Act 2004
place a duty on local authorities to undertake an accommodation needs
assessment for Gypsies and Travellers within their ward and to provide for the
identified needs. The planning circular (WAG 30/2007, Planning for Gypsy
and Traveller Caravan sites) instructs local authorities to identify suitable
locations in their local development plans for Gypsy and Traveller sites. The
reality is that where the evidence for new sites has been established, through
accommodation needs assessments as part of the local housing market
assessments, local authorities, with the occasional exception, have not been
quick enough in responding to this need.

The Welsh Assembly Government is aware of the objections some parts of

society have towards new site delivery. In the 2007 Living in Wales survey
78% of participants said they would not want to live near a Gypsy and
Traveller site. The Welsh Assembly Government urges local authorities to
work in a regional capacity and share the legal, moral, financial and political
responsibility to address the accommodation inequality experienced by the
Gypsy and Traveller community in Wales. Local housing authorities should
also consider mainstreaming the management and maintenance of Gypsy
and Traveller sites within housing services, to achieve value for money and
economies of scale and draw on experiences within wider housing.

Delivering more Gypsy and Traveller sites whether public or private is an

issue for Local Authorities to address, as they have to find local solutions for
local needs. The Welsh Assembly Government has developed a framework

7
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

encompassing grants, guidance and best practice documents which will aid
local authorities to meet their responsibilities in relation to accommodation
provision for Gypsy and Travellers in Wales.

Assessment

The assessment of Gypsy and Traveller accommodation needs is a statutory

requirement under s225 of the Housing Act 2004. The provisions of s. 225
require local authorities to fully assess Gypsy and Traveller accommodation
needs in mainstreaming their coverage within their local housing strategy.
The accommodation needs of all Gypsies and Travellers should be identified,
understood and addressed through the planning framework and housing
strategy on the same basis as other sectors of the community. In this way the
needs of each sector of the community can be understood and an appropriate
allocation of resources be ensured. This will help to ensure that future
planning and investment decisions are based on well-informed and accurate
data, that they gain acceptance from local communities, and are defensible if
challenged.

The aim of the assessment is to provide data that will identify Gypsy and
Traveller accommodation need separately from wider demand and aspiration,
in the same way as for the rest of the population. It should enable Gypsy and
Traveller accommodation need to be quantified in terms of:
• Site accommodation on private sites;
• Site accommodation on socially rented residential sites;
• Site accommodation on transit sites;
• Bricks and mortar housing for owner occupation by Gypsies and
Travellers;
• Affordable bricks and mortar housing.

A key aim of the wider housing market assessment is to provide the basis on
which to allocate resources, including for Gypsy and Travellers provision. An
assessment of Gypsy and Traveller accommodation need will mean that,
often for the first time, it will be understood and can be set alongside other
needs. And just as for the rest of the community, needs assessments are
primarily about understanding and meeting need. They may also help to
identify unmet need for Gypsy and Traveller access to wider service provision,
through information provided by the accommodation assessment process.

Annex F of the Local Housing Market Assessment Guide (2006) contains

useful information and guidance on carrying out assessments on Gypsy and
Traveller accommodation needs. The needs assessment approach applied in
Wales is similar to the approach adopted in England. The guidance aims to
provide advice on carrying out an assessment of the accommodation needs of
Gypsies and Travellers, however it is not meant to be exhaustive or
prescriptive. While it is recommended that the basic principles outlined
should be applied, the exact approach will need to be adapted to local
circumstances.

8
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

To date not all Local Authorities have completed an accommodation needs

assessment, and the approach to the needs assessments is not consistent
across the country. The Gypsy and Traveller strategy, currently been
finalised, considers how this process can be made easier for Local Authorities
and ensure a more consistent approach to conducting needs assessments
across the country.

Caravan Count
The Caravan Count was reintroduced as a result of the Review of Service
Provision for Gypsies and Travellers 2003 and more recently Pat Niner’s,
Accommodation Needs of Gypsy Travellers in Wales (2006).

The Gypsy and Traveller team work with local authorities, Statistics
Directorate within the Welsh Assembly Government and Communities Local
Government to coordinate the biannual (January and July) Caravan Count for
Gypsy and Travellers. The count determines the number of Gypsy and
Traveller caravans in Wales which identifies the need for future site provision.

Provision
Everyone should have the opportunity of a decent place to live, and where
sites are providing permanent accommodation for Gypsies and Travellers
they should reflect the standards that would be expected of social housing for
the settled community. However, they also need to take account of the
different demographic profile, and cultural needs of Gypsies and Travellers.
Please see the best practice in site design guidance for more a detailed
discussion on the standards advocated in site refurbishment and new site
delivery. The Welsh Assembly Government will explore options to enable
Registered Social Landlords to build and manage Gypsy and Traveller sites.

According to the Niner report (2006) in Wales there is an estimated shortage

of 150 to 200 site places, 50 private site places and between 50 and 100 brick
and mortar housing. The Welsh Assembly Government is committed to
working with local authorities to deliver new sites where need has been
identified.

While we are seeing a trend among the Gypsy and Traveller community to
settle in one location, there is still a need for transit provision. Current transit
provision in Wales is insufficient to meet existing demand. Due to
overcrowding on sites, pitches that were originally designated as transit have
not been able to meet that function as they have been utilised to meet a more
pressing need for residential pitches. The New Sites Grant can be used to
deliver transit sites and the Welsh Assembly Government would encourage
applications from Local Authorities who experience a high level of short–term
unauthorised encampments to apply for funding to deliver transit sites. Niner
(2006) estimated between 100–150 pitches are needed across Wales to
reduce the number of unauthorised encampments due to lack of transit
provision. Situating transit provision on residential sites is not an option
preferred by the Gypsy and Traveller community as this can lead to tensions
among different family groups and make site management and maintenance

9
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff Appendix A

very difficult. There is also the danger of transit pitches fulfilling a more
permanent need when permanent site provision has not been addressed.

The majority of Gypsies and Travellers in Wales have at some point lived in
houses (Niner, 2006). This is in keeping with other parts of the UK where this
is most likely as a result of insufficient sites. However there are other reasons
why Gypsies and Travellers may chose to live in houses. Many move into
houses for health or education reasons or because they can no longer live
with the constant evictions from unauthorised encampments. It is important to
recognise that many Gypsies and Travellers have a cultural aversion to living
in bricks and mortar accommodation. The experiences of the community living
in houses are very mixed, good and bad experiences. But for whatever
reason(s) a Gypsy Traveller decides to move into bricks and mortar
accommodation they should be treated as any other social housing applicant.
This movement between sites and bricks and mortar accommodation is likely
to continue as they will have different needs at different times of their lives.
(Niner, 2006)

Local Authorities are required to take into consideration the Welsh Assembly
Government's ‘Code of Guidance for Local Authorities on Allocation of
Accommodation and Homelessness’. The Code states that, 'Social housing
exists to meet the needs of a diverse range of people, many of whom
represent some of society's most vulnerable and excluded groups'. Allocation
schemes therefore should be sensitive to meet a diverse range of groups
whose support needs may be equally as diverse. The guidance includes a list
of persons that allocation schemes should be sensitive to. Although the list is
not exhaustive, there is no specific reference to Gypsy Travellers at present.
However it is proposed that they be added to the guidance during its current
review. The Code already reminds local authorities of their duty to take into
account cultural factors in offering accommodation in discharge of their
homelessness duties.

10
 Scrutiny Research Team

Appendix B:
The Supply of and Demand for
Gypsy and Traveller
Accommodation in Cardiff’s
neighbouring local authorities in
South East Wales

Research report for the

Community and Adult Services Scrutiny Committee

January 2011

County Council of The City and County of Cardiff

Summary of research findings

Number of Sites
There are a reported total of 26 Gypsy and Traveller sites in the 9 Local
Authorities that participated in the research. There is huge variation in the
number of sites that are available within each Local Authority, with most Local
Authorities having 1-2 Gypsy and Traveller sites in their area. Ten sites are
privately owned, with planning permission. In addition, there are twelve
unauthorised sites, seven that are tolerated and five that are not tolerated.
There are 4 Local Authority areas that have one Local Authority site each.

Number of Pitches
There is huge variation in the number of pitches that are available in each
Local Authority. The data available suggests there is no correlation between
the number of sites and the number of pitches that are available within each
Local Authority. The overwhelming majority of pitches are regarded as
permanent, residential pitches. Transit pitches are available in 2 Local
Authorities.

Future Need
There is wide variation in the number of pitches that are stated as being
required by each Local Authority in order to meet the accommodation needs
of the Gypsy and Travellers community over a ten year period. The results
show that in most local authorities the assessed level of demand for Gypsy
and Traveller accommodation is 10 pitches or fewer. Two Local Authorities
(Newport & Torfaen) have an assessed demand for caravan pitches of
between 20-30 pitches over the next 10 years. Two Local Authorities reported
that there is no evidenced demand for Gypsy and Traveller accommodation in
their locality.

Gypsy and Traveller Accommodation Assessments

In the majority of local authorities that participated in this research, Gypsy and
Traveller Accommodation Assessments were a joint responsibility of the
Housing and Planning teams. In some cases however the responsibility for
conducting these assessments lay with the Housing Strategy Team. It is only
in one Local Authority where its Planning Team has this responsibility.

1
Representatives of most Local Authorities confirmed that their Gypsy and
Traveller Accommodation Assessments were undertaken as part of their Local
Housing Market Assessments (LHMA). Only three Local Authorities reported
that their accommodation assessments were undertaken independently of the
LHMA.

All the Local Authority representatives confirmed that they commissioned

external research agencies (ORS, Fordham and an independent expert) to
undertake their Gypsy and Traveller Accommodation Assessments.

Waiting List
Most Local Authorities who participated in the research do not provide a
waiting list for Gypsy and Travellers who require accommodation within their
area.

Roadside Stopping
Each Local Authority employs a different approach in dealing with the issue of
roadside stopping, although only four authorities have an established process
in place to deal with this issue.

Local Development Plans

The results show that the LDPs of the neighbouring Local Authorities are at
different stages of progression. Representatives of the Planning Teams of all
Local Authorities felt confident that the findings of their existing Gypsy and
Traveller Accommodation Assessments have sufficiently informed formulation
of their proposed Local Development Plan.

Perceptions of support required from the Welsh Assembly Government

Several suggestions were made on how the Welsh Assembly Government
could improve the level of support they provide to Local Authorities in
determining and providing Gypsy and Traveller accommodation within their
respective areas. This included suggestions that: WAG could do more to
compel authorities to work collaboratively on Gypsy and Traveller
accommodation issues; that local authorities be required to update its
information on Gypsy and Traveller accommodation needs annually; that the
provision of Gypsy and Traveller accommodation should be made a statutory
2
requirement; and that local authorities work together on a regional basis more
frequently to identify potential transit sites.

Improvements in working arrangements between Local Authorities

There was a shared view amongst representatives of different Local

Authorities that improvements can be made with their working arrangements
in relation to the planning for the provision for Gypsy and Traveller
accommodation. It was suggested that a regional working approach will
address some of the perceived constraints (e.g. geographical boundaries that
the Strategic Planning Groups have to work with) to adequate planning that
meets the needs of Gypsy and Traveller communities.

3
1. Introduction

1.1. Aims and objectives

As part of a Task and Finish Inquiry the Community and Adult Services
Scrutiny commissioned this research to look into the supply of and demand for
Gypsy and Traveller accommodation in neighbouring local authorities in South
East Wales. The study aims to establish the level of provision for Gypsy and
Travellers in Cardiff Council’s neighbouring Local Authorities, the level of
demand for Gypsy and Traveller accommodation in neighbouring local
authorities and the process that neighbouring Local Authorities have used to
establish their projections of demand for Gypsy and Traveller communities.

Specifically, this research will:

• establish the level of accommodation for Gypsy and Traveller

communities provided in neighbouring local authorities;

• report how the figures used to establish demand are collected and
collated in neighbouring local authorities;

• report on the process undertaken by neighbouring Local Authorities to

determine the level of demand of Gypsy and Traveller accommodation.

• report in the process being followed by neighbouring local authorities

for meeting any identified demand for Gypsy and Traveller
accommodation.

2. Methodology

Telephone interviews were undertaken with representatives from nine Local

Authorities who were selected as the main respondents for this research
project. The Local Authorities are:

• Blaenau Gwent
• Bridgend

4
 • Caerphilly
• Merthyr Tydfil
• Monmouthshire
• Newport
• Rhondda Cynon Taff
• The Vale of Glamorgan
• Torfaen

The Local Authorities who were chosen as respondents were selected in

consultation with the Principal Scrutiny Officer and the representatives of
Cardiff Council’s Planning Team responsible for the planning of provision for
accommodation for the Gypsy and Traveller Community in Cardiff. The
authorities were selected on the basis of geographic proximity; all considered
part of the South East Wales area.

All nine local authorities were contacted by email requesting their participation
in the research. Telephone interviews using a semi structured topic guide
were conducted with selected representatives from the Housing Team and the
Planning Team of each Local Authority. The topic guide used during both
interviews was formulated in consultation with the Principal Scrutiny Officer
and representatives of the Housing and Planning Teams of Cardiff Council.

A review of available literature was also undertaken to inform the interview

topic guides and the analysis of the results.

5
3. The existing level of accommodation provision for Gypsy and
Traveller communities in neighbouring local authorities in South East
Wales

3.1. Number of Gypsy and Traveller sites in each local authority

The results presented below outline the reported numbers and types of
existing site provision for Gypsy and Traveller communities in each Local
Authority in South East Wales

Table 1. Reported number of Gypsy and Traveller sites by Local Authority in

South East Wales (as at November 2010)

Local Authority Total Private Local Not Tolerated Tolerated

Sites authorised Authority Unauthorised Unauthorised
Sites Sites Sites Sites

Blaenau Gwent 1 - 1 - -

Bridgend 6 1 - - 5

Caerphilly 0 0 0 0 0

Merthyr 2 1 1 - -

Monmouthshire 1 1 - - -

Newport 8 3 1 4 -

Rhondda Cynon 4 3 1 - -
Taff
Torfaen 2 1 - - 1

Vale of 2 - - 1 1
Glamorgan
Total 26 10 4 5 7

Cardiff* 7 4 2 0 1

* figures for Cardiff are taken from the WAG bi-annual caravan count July 2010

There are a reported total of 26 Gypsy and Traveller sites in the surrounding
nine Local Authorities. There is huge variation in the reported number of sites
that are available within each Local Authority. Most of the Local Authorities
reported 1-2 Gypsy and Traveller sites in their area; in comparison other Local

6
Authorities such as Newport (8), Bridgend (6) and Rhondda Cynon Taff (4)
have a greater number of Gypsy and Traveller sites within their jurisdiction.
The majority of the Gypsy and Traveller sites within these Authorities are
private sites, with the exception of the provision in Blaenau Gwent where the
only available site is owned by the Local Authority. Out of the nine Local
Authorities interviewed, four (Blaenau Gwent, Merthyr, Newport and Rhondda
Cynon Taff) provide Local Authority owned sites for the Gypsy and Traveller
groups.

Out of the reported total of 26 Gypsy and Traveller sites in the nine Local
authorities, twelve are regarded as unauthorised sites (i.e. lacking in planning
permission). Newport (4) and Bridgend (5) appear to have the most
unauthorised encampments. Although considered as unauthorised, according
to the Planning representatives interviewed, the sites in Bridgend (5) Torfaen
(1) and one in the Vale of Glamorgan are currently tolerated by the Local
Authority.

7
3.2. Reported total number of pitches within Gypsy and Traveller sites
in each Local Authority

The results below outline the total number of pitches that are currently
available in Gypsy and Traveller sites within each Local Authority.

Table 2. Reported number of Gypsy and Traveller sites and pitches by Local
Authority (as at November 2010)

Local Authority Total Sites Total Pitches Residential Transit

Blaenau Gwent 1 20 20 -

Bridgend 6 7 2 5
Caerphilly 0 - - -

Merthyr 2 15 15 -

Monmouthshire 1 1 1 -

Newport 8 24 24 -

Rhondda Cynon Taff 4 40-50 - -

Torfaen 2 56 56 0
Vale of Glamorgan 2 16-21 20 -
Total 26 179-194 138 5

The specific measurements or size of accommodation pitches within Gypsy

sites from different Authorities was unavailable.

The results in Table 2 above, illustrate that there is huge variation in the
number of pitches that are available in each Local Authority. What is evident,
however, is that there is no correlation between the number of sites in a Local
Authority area and the number of pitches available. Local Authorities with the
highest number of sites within their jurisdiction do not necessarily have the
highest number of pitches available for Gypsy and Traveller groups. Newport
has 8 sites, for instance, which is the highest number of sites available but
8
these sites provide a total of 24 residential pitches. In contrast, Torfaen has 2
sites, but both accommodate 56 pitches in total.

The overwhelming majority of pitches are regarded as permanent, residential

pitches. Only one Local Authority possesses transit pitches; Bridgend provide
an estimated total of 5 transit pitches for the Gypsy and Traveller community.

9
3.3. Reported total number of caravans within Gypsy and Traveller sites
in each Local Authority
Table 3. Reported number of pitches and caravans in Gypsy and Traveller
sites by Local Authority (as at November 2010)

Local Authority Total Pitches Total Caravans

Blaenau Gwent 20 20

Bridgend 7 7
Caerphilly - -

Merthyr 15 15

Monmouthshire 1 1

Newport 24 24

Rhondda Cynon Taff 40-50 19-24

Torfaen 56 56

Vale of Glamorgan 16-21 16-21

The results in the Table above show that in almost all of the Local Authorities
interviewed, there appears to be a 1 to 1 ratio between the total number of
pitches and the total number of caravans. The only exception to this is in
Rhondda Cynon Taff where the reported number of pitches is almost double
in comparison to the reported number of caravans. Rhondda Cynon Taff’s
Gypsy and Traveller Accommodation assessment is currently unavailable, but
according to Bridgend’s March 2010 Gypsy and Traveller Accommodation
Assessment (which includes a regional assessment) Rhondda Cynon Taff’s
total number of pitches as reported are the maximum number of pitches that
would be potentially available for use. As one of their sites is currently in a bad
state of repair (situated on land which previously functioned as a commercial
caravan site) the figures that they have cited here do not reflect the total
number of pitches that are currently in use.

10
4. Assessed Level of demand for Gypsy and Traveller accommodation

The findings of the accommodation assessments undertaken illustrate the

number of pitches that would be required within each local authority in order to
meet the assessed needs or demand for Gypsy and Traveller accommodation
within their locality. The results presented in the Table below show that there
is wide variation in the number of pitches that are required by each Local
Authority in order to meet the accommodation needs of the Gypsy and
Travellers community over a ten year period.
Table 4. Number of additional pitches required over a 10 year period by each
Local Authority

Local Authority Number of additional pitches

needed over a ten year period
Blaenau Gwent 6
Bridgend 6 (Transit Pitches)
Caerphilly None
Merthyr 10
Monmouthshire None
Newport 29 (Permanent)
7 (Transit)
Rhondda Cynon 8 -10
Taff
Torfaen 20 - 30
Vale of Glamorgan 6 (Permanent)
15 (Transit)

Of the 9 Local Authorities interviewed, the results of the accommodation

assessment for Newport and Torfaen (see Table 4 above), shows the biggest
future demand for caravan pitches. The results of accommodation
assessments in 6 Local Authorities (Blaenau Gwent, Bridgend, Merthyr,
Rhondda Cynon Taff, and the Vale of Glamorgan Councils) show that the
level of demand for Gypsy and Traveller accommodation is 10 pitches or
fewer. According to the representatives from Caerphilly and Monmouthshire,
the results of their assessment show that there is no demand for caravan
pitches within their localities.

11
5. Arrangements and methodology in establishing demand for Gypsy
and Traveller accommodation.

5.1. Responsibility for Gypsy and Traveller Accommodation

Assessments
The majority of representatives of the Housing Teams (in 5 out of 9 local
Authorities i.e. Bridgend, Caerphilly, Merthyr, Newport and Torfaen), stated
that the Gypsy and Traveller Accommodation Assessment is a joint
responsibility between the Housing and Planning teams. Representatives of
Blaenau Gwent, Rhondda Cynon Taff and the Vale of Glamorgan Councils
however stated that within their Authority, the responsibility for conducting
Gypsy and Traveller Accommodation Assessments lay with the Housing
Strategy Team. However representatives from the Planning Team are able to
provide an input into this process. In Monmouthshire, the Planning Team is
designated with the primary responsibility for Gypsy and Traveller
Accommodation Assessments.

5.2. Time frame of completed Gypsy and Traveller Accommodation

Assessments
The Table below outline the time frame when Gypsy and Traveller
Accommodation Assessments were completed for each Local Authority and
whether these assessments were completed as part of the Local Housing
Market Assessments.

12
Table 5. Gypsy and Traveller Accommodation Assessments
Local Authority Year Completed as Completed
assessments part of the By
were completed LHMA
Blaenau Gwent 2007 Yes ORS
Bridgend 2008 Yes Fordham
Caerphilly 2007 Yes Fordham
Merthyr 2008 Yes Fordham
Monmouthshire 2007 Yes ORS
Newport 2010 No ORS
Rhondda Cynon Taff 2007 No Independent
Torfaen 2007 Yes ORS
Vale of Glamorgan 2008 No Fordham

All the representatives of the 9 Local Authorities confirmed that they have
completed their Gypsy and Traveller Accommodation Assessments.
Representatives of Blaenau Gwent, Caerphilly, Monmouthshire, and Rhondda
Cynon Taff and Torfaen reported that they completed their assessments in
2007. The results show that Newport City Council completed their
assessments in 2010. According to the Housing representative of Newport,
the assessment undertaken in January 2010 is a follow-on assessment from
the previous one.

Representatives of Blaenau Gwent, Bridgend, Caerphilly, Monmouthshire and

Torfaen Councils confirmed that their Gypsy and Traveller Accommodation
Assessments were undertaken as part of their Local Housing Market
Assessments (LHMA). In contrast, the representatives of Newport, Rhondda
Cynon Taff, and the Vale of Glamorgan Councils reported that their
Assessments were undertaken independently of their LHMA.

According to representatives of Blaenau Gwent, Newport, Torfaen and

Monmouthshire Councils, they decided to jointly commission the Gypsy and
Traveller Accommodation Assessment in order to drive down costs and
enable them to acquire a regional picture of housing needs of Gypsy and
Traveller communities in their adjoining areas of jurisdiction.

13
5.3. Independent Research organisations involved in Gypsy and
Traveller Accommodation Assessments

Representatives of all participating Local Authorities confirmed that they

commissioned external research organisations to undertake their Gypsy and
Traveller Accommodation Assessments. The accommodation assessments
undertaken for Bridgend, Caerphilly, Merthyr, Newport and the Vale of
Glamorgan Councils were conducted for these Local Authorities by Fordham.
Opinion Research Services was commissioned to undertake the assessments
for Blaenau Gwent, Newport, Torfaen and Monmouthshire. Rhondda Cynon
Taff Council did not employ an external consultancy group but instead
employed an independent expert to conduct its’ assessment.

5.3.1. Fordham Research

Fordham Research is an external research group that works exclusively for
the public sector providing both quantitative and qualitative research
specifically relating to housing and planning policy.

In conducting Gypsy and Traveller Accommodation Assessments, Fordham

has in the past recruited and trained local Gypsies and Travellers to act as
interviewers, used their own team of community interviewers, or employed a
group of mainstream interviewers who are experienced in undertaking these
assessments (Fordham, 2010). Fordham also stated that they have included
representatives from the Gypsy and Traveller community in designing the
questionnaire, in advising on fieldwork methodology and in providing feedback
sessions. Fordham claim to pay particular attention to assessing the needs of
Gypsies and Travellers living in bricks and mortar accommodation who may
conceal their identity and “can present hidden need.” (Fordham, 2010)

5.3.2. Opinion Research Services

Opinion Research Services (ORS) is an independent social research practice

that works across the UK. ORS works with the public, voluntary and private
sectors (although 95% of its work is within the Public Sector) in areas of
research that cover a wide range of social issues such as community safety,
housing, health and many other local priorities (Opinion Research Services,
2010).

14
ORS’s permanent research team delivers a range of research services
including personal and telephone interviews, postal and online surveys, and
extensive qualitative engagement. One prominent area of this research is
“engaging with hard-to-reach Groups” which may include the Gypsy and
Traveller Community (Opinion Research Services, 2010).

5.3.3. The Independent Expert

Unlike the other local authorities interviewed, Rhondda Cynon Taff did not
employ an external research group to complete its Gypsy and Traveller
Accommodation Assessment but instead an Independent Expert.

5.4. Methodologies employed in Gypsy and Traveller Accommodation

Assessments

5.4.1. Methodologies employed by consultants and external groups

The research methodology adopted in Gypsy and Traveller Accommodation

Assessments undertaken by external research groups typically follows a
number of phases. The methodologies for these assessments employed by
Fordham include: a review of secondary information, including a literature
review and secondary data analysis, consultation with Gypsy and Traveller
Communities and with organisations involved with these groups, and a survey
of Gypsies and Travellers living on sites and in bricks and mortar
accommodation.

Opinion Research Services reported that they conduct structured interviews

with Council officers working in the areas of Planning and Environmental
Health. Interviews are also undertaken with local Councillors and
representatives of Gypsy Advisory Groups. Like Fordham, the second stage
of the assessment process undertaken by this group, involves interviews with
Gypsy and Traveller households. The third strand of ORS’s research
methodology typically assesses the current and potential sites for Gypsies
and Travellers. Existing and potential sites are visited and assessed on the
basis of being able to provide an appropriate level of provision.

15
The Gypsy and Traveller accommodation assessment conducted by the
independent expert was of a smaller scale than those conducted by the other
external research organisations. This assessment took the form of a three-
stage process. The process predominantly relied on a data search of
published sources and a consultation with Council Officers. This consultation
involved a short questionnaire sent to Council Officers and some face to face
interviews. The representative of Gypsy and Traveller reported that the
assessment undertaken for Rhondda Cynon Taff did not involve a
consultation with Gypsy and Traveller families. However, there was
recognition of the need to undertake a specialist survey to consult this
community.

5.5. Adherence to Welsh Assembly Government Guidance in

accommodation assessments

Representatives of all the Local Authorities stated that the process and
methodology used in conducting Gypsy and Traveller Accommodation
Assessments adhered to the Welsh Assembly Government guidance, WAG
Circular 30/2007. Both of the external research organisations commissioned
by local authorities to complete their Gypsy and Traveller accommodation
assessments (Fordham and ORS) adhered to the guidance proscribed by the
Welsh Assembly Government when carrying out their assessments.

The following information was gathered with regard to local authorities

including the needs of Gypsies and Travellers in bricks and mortar housing:

16
Local Authority How They Included the needs of Gypsy and Travellers in Bricks &
Mortar Accommodation in GTAA’s

Blaenau Gwent The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Blaenau Gwent were assessed as part of their 2009
Gypsy & Traveller Accommodation Assessment, which revealed that of
those families assessed there was not a “strong desire among the Gypsy
and Traveller population in bricks and mortar to move to a caravan site.”
Gypsies and Travellers are not currently incorporated within existing
housing recording procedures. (ORS, 2009 Joint Gypsy and Traveller
Accommodation Needs and Sites Study)
Bridgend Although the Housing Needs of Gypsy and Travellers in Bricks and
Mortar accommodation in Blaenau Gwent were attempted to be assessed
as part of their 2010 Gypsy & Traveller Accommodation Assessment. The
report states “it is difficult to identify families in bricks and mortar
accommodation as they often only become visible when requiring
assistance.” Consequently, the report contains no information upon
housing needs for this group. Nevertheless, this situation may have
changed since the report was written as Bridgend’s Housing
representative now claims that Gypsy and Traveller families are recorded
by existing housing recording procedures. (Fordham Research, 2010,
Gypsy and Traveller Accommodation Assessment – Bridgend County
Borough Council )
Caerphilly The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Caerphilly were assessed as part of their 2007 Gypsy
& Traveller Accommodation Assessment. The primary survey completed
for the LHMA identified only two respondents in this category. No further
information is available. Caerphilly County Borough Council’s existing
processes or recording procedures do not incorporate a separate
category for the Gypsy and Traveller groups in Bricks and Mortar
accommodation. (Fordham Research, 2007, Caerphilly County Borough
Council, Local Housing Market Assessment)
Merthyr Tydfil The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Caerphilly were assessed as part of their 2008 Gypsy
& Traveller Accommodation Assessment. 18 interviews were carried out
with Gypsies and Travellers living in housing, comprising over half of all
interviews. Most of these participants wanted to return to living on a site.
Gypsies and Travellers are incorporated within existing housing recording
procedures within Merthyr Tydfil (Fordham Research, 2008, Merthyr
Tydfil Survey and Assessment of Gypsy and Traveller Accommodation)

17
Monmouthshire The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Monmouthshire were assessed as part of their 2009
Gypsy & Traveller Accommodation Assessment, which revealed that of
those families assessed there was not a “strong desire among the Gypsy
and Traveller population in bricks and mortar to move to a caravan site.”
Gypsies and Travellers are not currently incorporated within existing
housing recording procedures. (ORS, 2009 Joint Gypsy and Traveller
Accommodation Needs and Sites Study)
Newport The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Monmouthshire were assessed as part of their 2010
Gypsy & Traveller Accommodation Assessment although the precise
numbers of Gypsy and Travellers in Newport are unknown. In Newport
the Housing List allows for Gypsy and Travellers to indicate they would
want a pitch as a means of accommodation. Newport is working towards
a common housing registration system. (Interview with Newport Housing
representative).
Rhondda Cynon The Housing Needs of Gypsy and Travellers in Bricks and Mortar
Taff accommodation in RCT were not assessed as part of RCT’s 2007 Gypsy
& Traveller Gypsy and Traveller Accommodation Assessment. It was
however determined that there were 15 families living in houses in the
RCT area. The report comprised of an analysis of existing data sources
so it is unknown what the accommodation needs of this group are.
(Independent Research, 2007 Gypsy and Traveller Accommodation
Assessment)
The Vale of Although the Housing Needs of Gypsy and Travellers in Bricks and
Glamorgan Mortar accommodation in the Vale of Glamorgan were attempted to be
assessed as part of their Gypsy and Traveller accommodation
assessment “the precise size and location of the community is unknown.”
There is thought to be a very small population of Gypsies and Travellers
living in housing in the area. Further, there was also some uncertainty as
to whether this community lived in housing for the full year, or travelled for
a large proportion. The VOG has recently implemented new application
forms for Choice Based Lettings Scheme, which includes identifying
members of the Gypsy and Traveller community and we have just
undertaken a re-registration exercise. (Fordham, 2008 Cardiff and Vale
of Glamorgan Survey and Assessment of Gypsy and Traveller
Accommodation)
Torfaen The Housing Needs of Gypsy and Travellers in Bricks and Mortar
accommodation in Torfaen were assessed as part of their 2009 Gypsy &

18
 Traveller Accommodation Assessment. As part of a joint assessment, the
research suggested there were around 75 Gypsy and Traveller
households in bricks and mortar in Monmouthshire. But the evidence
from the wider LHMA showed a much bigger population in bricks and
mortar in Torfaen. It revealed that of those families assessed there was
not a “strong desire among the Gypsy and Traveller population in bricks
and mortar to move to a caravan site.” Gypsies and Travellers are not
currently incorporated within existing housing recording procedures.
(ORS, 2009 Joint Gypsy and Traveller Accommodation Needs and Sites
Study)

5.6. Existing recording procedures of Gypsy and Travellers in bricks

and mortar accommodation

The existing housing occupancy recording procedures in most (6) Local

Authorities (Blaenau Gwent, Bridgend, Caerphilly, Merthyr and
Monmouthshire) do not currently incorporate a distinct category that identifies
Gypsy and Travellers who occupy “bricks and mortar” accommodation in their
area. Consequently, these Authorities were unable to provide any information
on the number of Gypsy and Traveller households in ‘bricks and mortar’
accommodation in their Authority.

Representatives of 3 Authorities confirmed that their current system can

record and identify Gypsy and Traveller families occupying bricks and mortar
accommodation in Council Housing. The Housing Representative for
Rhondda Cynon Taff stated that at present there are a total of 15 Gypsy and
Traveller families who occupy such type of accommodation. The Housing
representatives from Newport and Torfaen also confirmed that their systems
record the number of families living in council bricks and mortar
accommodation; however they were unable to provide the exact numbers at
the time of the interview. The Housing representative from Torfaen however
indicated that their Authority housed a “significant number of Gypsy and
Travellers” in their locality.

19
The Vale of Glamorgan has recently started recording the Gypsy and
Travellers housed in bricks and mortar accommodation; the specific numbers
was unavailable at the time of the interview.

5.7. Provision for a Gypsy and Traveller accommodation waiting list

The majority of Local Authorities who participated in the research stated that
they do not provide a waiting list for Gypsy and Travellers who require
accommodation within their area. In Merthyr Tydfil representatives of the
Housing Team confirmed that they currently offer a waiting list system for
Gypsies and Travellers in need of accommodation in their locality. In Merthyr
Tydfil, there are currently five Gypsy and Traveller families registered on their
waiting list. While there is not a similar waiting list offered in Newport, Gypsies
and Travellers are provided with the option to indicate their preference for a
caravan pitch on the general housing list.

5.8. Managing Gypsy and Traveller roadside stopping

Most local authorities participating in this research did not provide sufficient
evidence as to how roadside Gypsy and Traveller encampments are reported
in their area. Of those that did, there was a great deal of variation as to how
roadside encampments are reported to the; typically the information as to how
these sites are reported is provided through the Police, Environmental Health
or the Estates Department, although occasionally this information is also
reported to the Council via landowners.

Representatives of 3 different Local Authorities (Caerphilly, Bridgend and Vale

of Glamorgan Council) confirmed that they had existing procedures in place to
deal with the roadside stopping of Gypsy and Traveller caravans within their
locality. Each Local Authority employs a different approach in dealing with this
issue. The housing representative from Caerphilly reported that they deal with
illegal encampments exclusively through the medium of County Court
Possession Orders. The housing team from Bridgend Council provides advice
and guidance to landowners if the roadside stopping occurs on private land,
but in this instance removal is considered the landowners prerogative. The
20
representative from the Vale of Glamorgan stated that they developed a set of
protocols to deal with the issue of Gypsy and Traveller roadside stopping.
These protocols are implemented and/or enforced in collaboration with
internal and external partners (e.g. the Police Force and the NHS). When
such roadside stopping occurs, the Local Authority deploys an officer from the
Cardiff Gypsy and Traveller Project,1 to identify any service or welfare
requirements that the particular Gypsy and Traveller group may have and
their intended duration of stay in the area. Gypsy and Travellers who have
stopped by the roadside are then eventually moved on within a few weeks if
they fail to comply with the arrangements specified by the Local Authority.

21
6. Process being followed to meet identified demand for Gypsy and
Traveller accommodation

6.1. Progress with the submission of the Local Development Plan

The Planning and Compulsory Purchase Act, 2004, Part 6 requires each
Local Planning Authority (LPA) to produce a Local Development Plan (LDP).
The completed LDP is submitted for deposit to the Welsh Assembly
Government before it is submitted for consideration and approval to the
Planning Inspectorate. The proposed LDP will be only be adopted upon the
approval of the Planning Inspectorate. Whilst Local Authorities are no longer
required to provide sites for Gypsies and Travellers, they have a duty to
assess their housing needs and to make provision to meet that need in the
their planning frameworks, as set out in Circular 01/2006 ‘Planning for Gypsy
and Traveller Caravan Sites’. The circular states that a policy should be
included in the Local Development Plan which sets out how many new pitches
are needed and defines criteria which should be used to identify the most
suitable locations for new sites/pitches. If no demand for Gypsy and Traveller
accommodation has been established in the local authority a criteria based
site identification policy must be established, where future demand may arise.
The interviews revealed that LDPs of the neighbouring Local Authorities were
at different stages of progression. Caerphilly Council has made the most
progress with its existing LDP as it is intended that this has been adopted on
the 23rd November 2010.

22
Table 6. Level of progress that Local Authorities achieved with its Local
Development Plan (as at November 2010)

Local Authority Progress with its Local Development Plan

Blaenau Gwent Due on deposit March – April 2011

Bridgend Due on deposit March – May 2011

Caerphilly Passed by Inspector. LDP adopted by Council on

23rd November 2010
Merthyr Post deposit stage. Although further work is
required it is expected to be adopted in April
2011.
Monmouthshire Currently preparing its deposit plan. Deposit plan
due in early 2011.
Newport Due on deposit April 2011

Rhondda Cynon Currently subject to examination

Taff
Torfaen Due on deposit in February 2011.

Vale of Glamorgan At pre-deposit stage. Completed its deposit plan.

Representatives of the Planning Teams in five local authorities (Blaenau

Gwent Newport, Rhondda Cynon Taff the Vale of Glamorgan and Torfaen)
stated that they will be incorporating future Gypsy and Traveller sites in their
LDPs.

Representatives of the Planning Teams of all Local Authorities who

participated in the research believe that findings of their existing Gypsy and
Traveller Accommodation Assessments, have sufficiently informed formulation
of their proposed Local Development Plan. They also believed that they
incorporated sufficient and robust information regarding the level of demand
for Gypsy and Traveller accommodation in their LDPs in order to satisfy the
requirements of the Planning Inspectorate. The confidence in the external
research organisations commissioned to undertake Gypsy and Traveller
accommodation assessments is reflected in the fact that every Planning
representative in the authorities interviewed believed the evidence they
provided of Gypsy and Traveller accommodation needs was of sufficient
quality to meet the demands of the Planning Inspectorate.

23
Table 7: How Local Authorities plan to meet their existing unmet need
Local Authority Council run sites
Blaenau Gwent Six further pitches required - met by extending existing
Council run site.
Bridgend The authority determined no demand for permanent Gypsy
and Traveller Accommodation but evidence of small-scale
seasonal transitory activity. Consequently potentially the
need for six transit pitches.
Caerphilly No future provision was assessed as necessary.
Merthyr Tydfil 10 additional pitches are required. These will be met within
the existing Council-run sites.
Monmouthshire No future provision was assessed as necessary.
Newport Newport’s projected need is 29 additional pitches. There is
an immediate need for 25 permanent pitches, at least 14 of
which should be socially rented. Newport also determined
there was a need for 7 transit pitches.
Rhondda Cynon There is a requirement for between 8 -10 additional pitches
Taff in southern Rhondda Cynon Taf. RCT plans to meet this via
a new, Council run Gypsy and Traveller site.
The Vale of There is an assessed demand for 6 authorised pitches, 15
Glamorgan transit pitches and one house. The need will be met via a
Council run site, which the Council is in the process of
allocating.
Torfaen A need for between 20 and 30 extra pitches - the Council is
in the process of identifying a suitable area for a future,
council run site to accommodate this.

24
7. Support required for planning for Gypsy and Traveller
accommodation

7.1. Perceptions of support required from the Welsh Assembly

Government

It should be strongly emphasised that the suggestions below were made by

representatives of the local authorities interviewed and as such may not
reflect the official view of the local authority itself.

When asked whether they think that their Local Authority obtains sufficient
support from WAG in the planning process for the provision of Gypsy and
Traveller Accommodation, representatives from two Planning Teams stated
that they were completely satisfied with the level of support. The
representatives of three Planning Teams declined to make any comment
regarding this issue.

The representatives of the other four planning teams offered different

suggestions on how the Welsh Assembly Government could improve the level
of support they provide to Local Authorities in determining and providing
Gypsy and Traveller accommodation within their respective areas. These are
detailed below.

One planning representative had the expectation that WAG could in future “do
more to compel authorities to work more collaboratively on Gypsy and
Traveller accommodation issues”. This representative also highlighted their
concerns over the frequency of Gypsy and Traveller’s Accommodation
Assessments. The planning representative believed that instead of having
periodical assessments of Gypsy and Traveller accommodation needs, the
Welsh Assembly Government should require local authorities to update its’
information on Gypsy and Traveller accommodation needs annually to ensure
that the information they hold reflects the current needs of this community.

The planning representative from one authority suggested stating that the
provision of Gypsy and Traveller accommodation be made a statutory
requirement. Such requirement would consequently mitigate some of the

25
more contentious debates engendered in providing Gypsy and Traveller
accommodation in their locality.

One planning representative believed that the Welsh Assembly Government

could do more to encourage Local Authorities to collaborate regionally
specifically with regard to the provision of potential transit sites for Gypsy and
Traveller communities. A suggestion was made for the setting up of a working
group that will address this issue in consultation with Gypsy and Traveller
communities.

Although broadly satisfied with the support provided by the Welsh Assembly
Government one representative suggested that WAG could increase the level
of financial support they provide to Local Authorities responsible for meeting
the accommodation needs of Gypsy and Traveller communities.

7.2. Improvements in working arrangements between Local Authorities

Representatives of the Planning Teams in four local authorities were in

agreement that improvements could be made in planning provision for Gypsy
and Traveller accommodation if Local Authorities were required to work
collaboratively at the regional level.

The planning representatives from two Councils highlighted the difficulties

encountered in planning accommodation provision for Gypsy and Travellers
due to geographical constraints that planning groups have to work with. The
static geographical boundaries that Strategic Planning Groups have to work
with are perceived to constrain adequate planning that meets the needs of
itinerant groups such as Gypsy and Traveller Communities.

The representative from one planning team indicated that they would welcome
a proposal for regional working amongst Local Authorities regarding
accommodation provision for Gypsy and Traveller communities. There was a
suggestion that WAG should take a lead role on this issue. They believe that
the availability and access to regional information would be particularly useful
in planning for the provision of transit accommodation sites for Gypsy and
Traveller groups. One planning representative was in agreement with this
view in acknowledging the increasing need for access to regional information
26
that will inform their planning process. The representative from another
Planning Team also acknowledged the potential benefits that regional working
can bring about.

27
8. Conclusion

It is clear from the interviews conducted that there is a great deal of variation
in the supply of and the demand for Gypsy and Traveller accommodation in
Cardiff’s neighbouring Local Authorities. All the local authorities interviewed,
save Caerphilly, have some form of Gypsy and Traveller accommodation
within their localities; the greatest number of these sites are private. There is
wide variation in the number of pitches available within each Local Authority.
There is no correlation between the number of sites provided by a Local
Authority and the available number of pitches.

All the local authorities, save Caerphilly and Monmouthshire, demonstrate a

need for further Gypsy and Traveller accommodation. Representatives of
Local Authorities felt confident that the findings of their GTAAs have
sufficiently informed formulation of their proposed Local Development Plan.

Gypsy and Traveller households in bricks and mortar accommodation are not
captured in the existing housing data systems of most Local Authorities;
neither can most of the Local Authorities identify the needs of Gypsy and
Travellers from their housing waiting lists.

Suggestions were made on improving collaborative regional working, with the

Welsh Assembly Government developing the nature of its support to Local
Authorities. This is centred on a desire to see a greater compulsion from the
devolved government to facilitate cooperative working amongst Local
Authorities as well as the requirement to produce more detailed and regular
information about Gypsy and Traveller communities and increased financial
support.

January 2011

James Muirhead Gladys Hingco

jmuirhead@cardiff.gov.uk ghingco@cardiff.gov.uk

For further information on this report please contact:

Charissa de Zeeuw, Scrutiny Research Manager
02920 873262 cdezeeuw@cardiff.gov.uk
28
Bibliography
Commission for Racial Equality (2006) Common Ground: Equality, good race
relations and sites for Gypsies and Irish Travellers: Report of a CRE inquiry in
England and Wales, CRE

Fordham Research (2010) Fordham Research – Services, Available from:

http://www.fordhamresearch.com/ (accessed 9th November 2010)

Johnson, Chris and Murdoch, Angus (n.d.) Gypsy and Traveller Law Available from:
http://www.blog.travellerstimes.org.uk/?page_id=422 (accessed 3rd November 2010)

Morris, R. and Clements, L. (2002) At What Cost? The economics of Gypsy and
Traveller Encampments, Bristol: The Policy Press (accessed 5th November 2010)

Niner, P. (2003) Local Authority Gypsy/Traveller Sites in England, London: Office of

the Deputy Prime Minister

Niner, P. (2006) Accommodation needs of Gypsy-Travellers in Wales, Cardiff: Welsh

Assembly Government

Office for the Deputy Prime Minister, (OPDM_ Circular 01/06 (ODPM): Planning for
Gypsy and Traveller Caravan Sites, (2006) Available from:
http://www.communities.gov.uk/publications/planningandbuilding/circulargypsytravell
er (accessed 2nd November 2010)

Opinion Research Services (2010) Opinion Research Services – Areas of Research,

Available from: http://www.ors.org.uk/ (accessed 9th November 2010)

The Welsh Assembly Government (2006) Local Development Plan Manual, 2006,
Cardiff, Available from:
http://wales.gov.uk/topics/planning/policy/developplans/ldp_manual?lang=en
(Accessed 16th November 2010)

Welsh Assembly Government, (2007) WAG Circular 30/2007 Planning For Gypsy
and Traveller Caravan Sites, Cardiff Available from:
http://cymru.gov.uk/topics/planning/policy/circulars/gypsycircular/;jsessionid=5fvFMQl
bFrwcVx2cPLQqBLnBxJ36yZNf2CYBgLqhvxpc0VN3VLtD!55528624?lang=en&ts=2
&status=closed (accessed 16th November 2010)

29
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff
Appendix C

Visits to Gypsy & Traveller Sites

Members wanted to visit Gypsy & Traveller sites in Cardiff to enable Gypsies
and Travellers to speak directly to them and give their views, thus assisting
Members understanding of the issues faced by these communities and
enabling residents to participate in the Inquiry and help shape its findings and
recommendations.

The Cardiff Gypsy & Traveller Project offered to assist in the process as
Members recognised that careful planning of the visits would be needed to
ensure that residents on the sites felt able to participate.

Letters were sent to all residents on the sites asking if they would like to speak
to Members and offering different routes for them to do this. This message
was also relayed face-to-face by workers at the Cardiff Gypsy & Traveller
Project.

On the visits, Tim Wilson, Director Cardiff Gypsy & Traveller Project, took
members on a comprehensive tour of the sites and introduced Members and
residents.

Members wish to pass on their thanks to the residents of the sites visited, for
their hospitality, understanding and patience in explaining issues and sharing
with Members their concerns and issues.

Shirenewton Caravan Site

Members visited on Monday 24th January 2011 and saw the cul-de-sac layout
of the site, recent improvements and the works underway in the present round
of improvements. Members visited the Community Centre and spoke to
residents there, some of whom worked as play workers. Members spoke to
residents on the site, either in their vehicles or on the pavements. Members
were also invited into a caravan and spent time talking to the resident and her
family.

Members heard that most of the residents on the Shirenewton site were
pleased with the improvements to date and felt that the site was largely well-
run. The residents that Members spoke to expressed real concerns for the
future for the younger generation who were struggling to find suitable
accommodation. One resident felt that the Council should offer more support
to Gypsies and Travellers during the planning process. This resident owns a
piece of land but is finding it difficult to navigate the planning process. The
resident highlighted that if more help was available to enable those Gypsies
and Travellers who could afford to develop their own sites, this would free up
social rented pitches for those who needed them.
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff
Appendix C

Another resident felt that the Council should develop more social rented sites
to help those Gypsies and Travellers that could not afford to buy their own
land and develop their own sites. This resident pointed out that there was
overcrowding on the Shirenewton site and on the Rover Way site.

Another resident stated that the existing Shirenewton site could be

reconfigured to accommodate more pitches; they were aware that the Council
were looking at these options and supported them but hoped that the
reconfiguration would not reduce their, already limited, personal space.

Other residents highlighted the length of time they and their relatives had
been waiting for their own pitches - this length of time ranged from 3 -5 years.
These residents told Members about the difficulties this caused for them and
for their children, both in terms of day-to-day living and in terms of the knock-
on implications for their well-being. One resident said that, after waiting five
years, the only option she could see was to ‘go on the road’ but that she did
not want to expose her young children to the inherent risks of this now days or
to lose contact with services, such as Health and Education.

The resident who invited Members into her caravan also showed Members
her amenity space, which had recently been upgraded. Her caravan was
awaiting improvement; she was hoping that it would be ’double-skinned’ to
improve insulation and reduce the cost of heating by calor gas, which is
becoming prohibitively expensive. Other residents also stated that the cost of
heating their caravans was exorbitant and that this had been exacerbated by
the bad winter weather.

Members asked residents where they would like new sites located, to which
most residents responded that they would like them to be close to
Shirenewton so that they could be close to their families and in an area where
they felt that they were more accepted than they would be if they had to move
to a completely new area.

Shirenewton - Private Sites

Members were invited on to one of the private sites opposite the local
authority site. This site had 9 pitches, which were clearly de-lineated, had their
own power points and amenity facilities. Members met the owner of the site,
who explained he had planning permission for part of the site and was in the
planning process for the remainder of the site. He stated that the site was for
his family, who he felt he had a duty to assist. Members queried why he had
not applied for planning permission prior to developing the site; he responded
that he had waited and tried to do things properly but had eventually become
fed-up with how his relatives were living and so had decided to try to resolve
it.
The Provision of Accommodation for Gypsy & Traveller Households in Cardiff
Appendix C

Rover Way Caravan Site

Members visited on Friday 28th January 2011, and met several residents as
they toured the site, looking at the layout and site conditions, which Members
thought were well below an acceptable standard.

One of the residents that Members spoke with explained that she had lived on
the site since it was opened and that over the years it had become more and
more crowded as the younger generation had nowhere appropriate to move
to. Some of her relatives had tried living ‘on the road’ but had found it
untenable given the harassments, evictions and the need to continually move
on to another place. She knew of Gypsies and Travellers who had moved into
bricks and mortar housing; for some this had been O.K. whilst for others, it
had proved to be almost impossible to adjust.

One resident invited Members into her home where Members spoke to her
and her family. It was very clear that these residents wanted to stay near to
the existing site, so that they could maintain the links they had made with
schools, colleges, G.P.s and local shops, who they felt accepted them more
than other services in other parts of the city would.

One of the residents said they thought most of the residents would prefer to
stay on a site between Pengam Green roundabout and Ocean Way and
hoped that the Council would be able to find a suitable site given the amount
of land available in this area.

Residents on Rover Way stated that there was a definite need for more social
rented sites as not all Gypsies and Travellers can afford private sites.

Lack of Footpaths

Members noted on their visits to these sites that there were no public
footpaths enabling pedestrian access to the sites. This meant that pedestrians
either had to walk in the road or, at Shirenewton, on muddy verges. Members
felt that this was not appropriate, given the traffic that uses the roads around
these sites. Rover Way is heavily used by commuter and industrial traffic and
the road itself is not very wide, meaning that pedestrians walking on or
alongside the road would be very close to traffic going passed. Members felt
that this was unacceptable and posed a real risk to pedestrians. The traffic
passing the Shirenewton sites, whilst lighter, is still frequent and poses similar
risks to pedestrians as those on Rover Way.