Policy LHN6: Gypsies, Travellers and Travelling Showpeople Criteria

The general approach to sites for Gypsies, Travellers and Travelling Showpeople is appropriate, but it is unlikely to be effective as the criteria set out in Policy LHN6 are too restrictive. In particular we are concerned about the wording of the following:
Criterion i - the reference to nature conservation designated areas should be deleted - local landscape or local nature conservation designations should not be used in themselves to refuse planning permission (see paragraph 53 of Circular 01/2006) so a blanket ban is not appropriate and is not justified.
Criterion iii - this should be amended to allow more flexibility in terms of location, which would then conform with national policy (see paragraph 54 of Circular 01/2006 which explains that rural setting are acceptable in principle, and that local authorities should be realistic about access). See suggestion below.

Criteria in Policy LHN6
We object on the basis that some of the criteria are in conlfict with Ciruclar 1/2006 and are unduly restrictive and not justified or effective.

1. The stricture that the site is not located in a nature conservation area does conflict with para 53 of C 1/2006 (which still stands) which states that local nature conservation designations should not in themselves be used to refuse planning permission for sites.

2. Flood risk - this quite properly excludes sites from high flood risk but does not take into account the problems associated with EA mapping which are sometimes found to be wrong. This does not accord with a risk based approach and should be amended to states that where a site is in an area liable to flood as indicated in the EA Maps permission should not be permitted unless a flood risk assessment indicates otherwise. This would give applicants the opportunity to challenge the validity and reliability of the EA mapping system.

3. Whilst location close to or within an existing settlement is a laudable aim this may not be achievable in practice and may exclude otherwise suitable sites. A more reasonable approach to sustainability issues is required in line with para 54 of C 1/2006.

The Parish Council broadly supports this policy, but is concerned that some phrases could be misinterpreted; clarification is required to show that the phrase 'within or close to an existing settlement' DOES NOT MEAN an existing settlement for Gypsies and Travellers!
The PC strongly supports that sites should not be disproportionate in scale to the existing settlement.

CPRE Sussex welcomes and supports Policy LHN6 on Sites for Gypsies, Travellers and Travelling Showpeople Criteria, particularly criterion (ii):

(ii) The site should not result in an unacceptable visual or landscape impact, especially in the High Weald AONB taking account of proposed landscaping or screening;

CPRE Sussex welcomes and supports Policy LHN6 on Sites for Gypsies, Travellers and Travelling Showpeople Criteria, particularly criterion (ii):

(ii) The site should not result in an unacceptable visual or landscape impact, especially in the High Weald AONB taking account of proposed landscaping or screening;

It is vital that gypsy and traveller pitches have access to essential infrastructure such as wastewater services and water supply.

It is also important that the pitches are compatible with neighbouring land-uses. It would not be appropriate to locate pitches in close proximity to wastewater treatment works. Southern Water endeavours to operate its wastewater and sludge treatment works efficiently and in accordance with best practice to prevent pollution. However, the very nature of wastewater treatment works means that they are not ideal neighbours to sensitive development. Development in close proximity to wastewater treatment works can suffer from smells that are inherent in the treatment process.

Residential development, such as gypsy and traveller sites, without essential utility provision i.e. water supply and/or located in close proximity to a wastewater treatment works cannot be considered sustainable. Development must be sustainable to be consistent with national planning policy PPS1.

Furthermore, paragraph 4.45 of PPS 12 requires that, to be deliverable and therefore effective, core strategies should be based on sound infrastructure planning. This omission from policy LNH6 is clearly contrary to PPS 12.

Policy LHN6: Gypsies, Travellers and Travelling Showpeople Criteria
Site allocations will be made and/or planning permission granted for Gypsy, Traveller and Travelling Showpeople sites, when all of the following criteria are met:
(i) The site is not located in a nature conservation designated area, in an area at risk from flooding (flood zones 3a & 3b or a functional floodplain), in close proximity to a Source Protection Zone or significantly contaminated land;
(ii) The site should not result in an unacceptable visual or landscape impact, especially in the High Weald AONB taking account of proposed landscaping or screening;
Natural England supports the above policy and in the additional point (i) this should include the functional land that is integral to the Natura 2000 sites in that area of the Romney Marsh.
Functional land is areas of land that overwintering birds use outside the boundaries of the designated site and are therefore functionally related to the site. We can provide more detail on these areas.