Local Government Lawyer writes
"The Government’s proposed change to the planning definition of travellers will “place an unnecessary burden on local authorities and has potential for legal challenge”, planning officers have warned.
The Department for Communities and Local Government has launched a consultation in which it proposed amending the definition to remove the words “or permanently” to limit it to those who have a nomadic habit of life.
“This would mean any application for a permanent site by someone who has stopped physically travelling would be considered in the same way as an application from the settled population - rather than be considered under policies relating to travellers,” the paper explained.
DCLG insisted in the consultation that it was open to further measures to support those travellers who fall under the proposed new definition to facilitate their nomadic habit of life. “For example, through the use of conditions which ensure that transit sites are available at certain times of the year for travellers to occupy on a temporary basis. This of course would be a matter for the local authority but may go towards making provision for those travellers who do travel.”
The Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006 would also be amended to bring the definition of ‘gypsies and travellers’ into line with the proposed definition of ‘travellers’ for planning purposes.
The consultation paper said that consideration would be given to amending primary legislation to ensure that those who have given up travelling permanently have their needs assessed.
However, warning about the potential impact of the measures, Catriona Riddell, the Planning Officers Society’s Strategic Planning Specialist, also said: “The proposed changes to the definition of 'travellers' which distinguishes between travellers that travel and those that have ceased to travel, will be very difficult to apply in practice."
The consultation is here and closes on 23rd November 2014
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