Frequently Asked Questions
We have prepared a list of our most frequently asked questions. We hope these are useful to you.Please note: This section is being updated - April 2012
If you have a suggestion of questions you think should be added, please email us on planning@hertsmere.gov.uk or write to Planning, Hertsmere Borough Council, Elstree Way, Borehamwood, Herts, WD6 1WA.
Q1: Who are Gypsies and Travellers?
A: Romany Gypsies and Irish Travellers are defined as minority ethnic groups under the Race Relations Act (1976). There are a number of Gypsy and Traveller communities, each have different histories and traditions:
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Gypsies are Romany ethnic groups who have lived in Britain for around 600 years. Their ancestors originate from northern India.
- Irish Travellers are a nomadic group with a distinctive way of life who have been part of Irish and British society since ancient times.
- New Travellers are people of settled background who adopted a travelling lifestyle in the more recent past, although some are now in their third or fourth generation of travelling.
Q2: There has been a lot of comment about creating more Traveller and Gypsy sites. How has this come about?
A: It is a Government requirement for councils to carry out an assessment of housing needs in their area. This now has to include assessments for the accommodation needs of Gypsies and Travellers. The Government advice in Circular 01/2006 says that councils such as Hertsmere have to ensure that through their plan-making process, sites are identified for Gypsies and Travellers to meet any requirements which have been identified in this housing needs assessment.
Independent research published by the Department for Communities and Local Government and the East of England Regional Assembly found that the East of England needed 1,220 more caravan pitches for Gypsies and Travellers by 2011. The report also found that the shortage of sites had contributed to the problem of unauthorised caravan pitches.
Therefore local authorities have been asked to come up with solutions on how to meet this need. Options available include extending existing sites or identifying land for new sites.
Q3: What is Circular 01/2006?
A: Published by the then Office of the Deputy Prime Minister, Circular 01/2006 sets out the Government’s planning policy for Gypsies and Travellers. Local authorities such as Hertsmere must have regard to the advice in this Circular.
A selection of extracts from Circular 01/2006 include:
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Members of the Gypsy and Traveller Communities should have the same rights and responsibilities as every other citizen.
- The Regional Plan should identify the number of pitches required for each local planning authority area.
- The number of pitches set out in the Regional Plan must be translated into specific site allocations in the local Council’s Development Plan.
- The Council’s Core Strategy should set out criteria for the location of sites.
- The Government has powers to intervene where a local authority does not adequately address Gypsy and Traveller site provision in its area.
- Local authorities must allocate sufficient sites for Gypsies and Travellers in terms of the number of pitches required in the Regional Plan.
- The presence of Green Belt will constrain and limit opportunities for identifying sites in some areas.
- Limited alterations to the Green Belt boundary could be considered to meet a specific, identified need for a Gypsy and Traveller site.
Q4: A lot of people don’t want more sites in the borough. How can you justify doing this?
A: This council has a responsibility to plan for housing needs for all members of the community.
The Government requires local councils to ensure that sites are identified to meet identified needs and if this council does not take a reasonable approach it could have solutions imposed upon it.
Gypsies and Travellers have accommodation needs as much as other sections of the community.
As well as identifying Gypsy and Traveller accommodation, the council may have to make provision for 5,000 additional houses between 2001 and 2021 in Hertsmere.
Out of a total of 5,000 houses for the community, 15 to 17 additional pitches for Gypsies and Travellers is a very small percentage.
Q5: What benefit to the community will new sites provide?
A: If sites can be identified through the planning process it will prevent the need for illegal encampments which often cause conflict with the settled community and can cost the council money if legal action has to be taken.
It is better for all members of the community if sites can be identified by agreement following consultation in suitable locations. By taking a positive approach we can have greater control over the identification of sites. It also means that if illegal encampments occur in Hertsmere the council will be far more likely to be successful if it has to take action against those sites.
Q6: How many Gypsy and Travellers sites are there in Hertsmere?
A: There are currently four sites in Hertsmere. See Q7 for details.
Q7: Where are the existing Gypsy and Traveller sites in Hertsmere?
A: The four existing sites are:
- South Mimms - a County Council owned transit sites with space for 15 pitches.
- Sandy Lane, Bushey – a County Council owned site with space for 27 pitches.
- Hilfield Lane, Patchetts Green – a temporary privately owned site with space for 1 pitch.
- Barnet Road (The Pylon site) Potters Bar – a privately owned site. Originally this had space for six pitches and planning permission has been granted for six additional pitches to provide 12 in total.
Note: a pitch is the space required to accommodate one household. The regional average is 1.7 caravans per pitch.
Q8: How many local authority Gypsy and Traveller sites are across the East of England?
A: There are currently 50 local authority Gypsy and Traveller caravan sites in the East of England. They consist of residential sites and transit sites.
| County | Residential sites | Transit sites | Total number of sites |
|---|---|---|---|
| Bedfordshire | 4 | 0 | 4 |
| Cambridgeshire | 11 | 0 | 11 |
| Essex | 11 | 0 | 11 |
| Hertfordshire | 10 | 1 | 11 |
| Luton | 1 | 0 | 1 |
| Norfolk | 5 | 1 | 6 |
| Peterborough | 2 | 0 | 2 |
| Suffolk | 1 | 0 | 1 |
| Thurrock | 3 | 0 | 3 |
Note: in addition there are a number of unauthorised sites particularly in Essex and Cambridgeshire. Hertsmere does not have any unauthorised sites.
Q9: Why do we have to have more sites in Hertsmere?
A: A need has been identified in South and West Herts for additional pitches and it is not unreasonable for Hertsmere to accommodate a proportion of this.
The East of England Regional Assembly (EERA) in its consultation paper suggests that Hertsmere should make provision for up to 18 additional pitches by 2011 (see Q33 for more details on EERA).
This council has already granted planning permission for six additional pitches on the Pylon site in Barnet Road, Potters Bar. Given that there might be scope for small extensions on one or more of the other existing authorised sites it is likely that in Hertsmere there may be a need for only one additional site to accommodate 8 to10 pitches.
Q10: Why are more sites needed when there has been no indication of additional demand?
A: More authorised sites are needed because a significant number of Gypsy and Travellers currently live on unauthorised sites across the country. Further needs stem from new household formation, which also occurs in the settled community.
Q11: What is a transit site?
A: Transit sites are authorised sites which are used for short stays by Gypsies and Travellers. The sites are provided on a permanent basis by local authorities and have basic amenities and services which include water supply, shared toilets, washing facilities/utility room, and waste disposal. All transit sites are managed and are subject to rent and council tax. An example is the site at St Albans Road, South Mimms.
Q12: What is a residential site?
A: Also referred to as permanent sites, these sites are either provided by local authorities or are owned by Gypsies and Travellers themselves. The sites are used as a long-term residence by Gypsies and Travellers. The residential sites are managed and have a number of amenities, this includes, water supply, electricity, individual toilets and utility rooms.
Examples are the sites at Sandy Lane, Bushey and Barnet Road, Potters Bar.
Q13: What is an unauthorised encampment?
A: Land that is owned by Gypsies and Travellers but does not have planning permission by the local authority for use as a residential or transit site.
In the past there have been a number of such encampments in Hertsmere. This council has taken legal action to remove Gypsies and Travellers from such sites and in January 2005 become one of only a small number of councils to use planning powers to evict a number of families from an unauthorised encampment in Ridge.
Q14: What’s the Scott Wilson report and how did this come about?
A: In order to meet the requirement to carry out an assessment of the housing needs of Gypsies and Travellers, Hertsmere co-ordinated with St Albans, Three Rivers, Watford and Dacorum Councils and the County Council.
Together they commissioned the Centre for Urban and Regional Studies at the University of Birmingham (CURS) to carry out a needs assessment in South and West Herts. Their report, which was published in 2005, identified a need for 90 additional permanent pitches and 30 transit pitches in South and West Hertfordshire. It also found that up to 35 additional pitches may be needed to accommodate family formation from existing site residents over the next five years.
- More information on the CURS report
is available.
As the first step in identifying possible sites in South and West Herts, the Councils mentioned above decided to appoint independent planning consultants to undertake an initial assessment of possible sites in South and West Herts. The Scott Wilson report was the result.
Q15: Who are Scott Wilson, why were they chosen for the commission and exactly what were they commissioned to do?
A: Scott Wilson is a nationally recognised firm of private planning consultants. They were appointed by the six councils in :South and West Hertfordshire following a competitive tender for this research work. They were specifically asked to:
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develop criteria for site selection;
- identify broad areas and individual locations for potential site provision;
- appraise potential sites; and
- recommend preferred options.
Q16: What does the Scott Wilson report say?
A: The Scott Wilson report identifies 85 possible sites for Gypsies and Travellers in South and West Hertfordshire. It identifies 21 areas in Hertsmere where new sites could possibly be located and from this six sites have been given their highest scoring of 1.
These sites are:
- Hilfield Lane South (eastern side), Bushey
- Land adjacent to Elstree Recycling Centre, Allum Lane, Elstree
- Land opposite the Elstree Recycling Centre, Allum Lane, Elstree
- Swanland Road, Potters Bar – close to the A1
- Southgate Road, Potters Bar - near Junction 24 on the M25
- Baker Street, Potters Bar – abutting the M25
These sites are Scott Wilson’s recommendations and are in no way endorsed by the council. We will be carrying out our own assessment of potential sites.
Q17: Where can I see the Scott Wilson report?
A: You can download the Scott Wilson report or, alternatively it can be viewed at the Civic Offices, the council’s area offices in Potters Bar and Bushey and in the public libraries in Hertsmere.
Q18: How much did the Scott Wilson report cost?
A: It cost in total £36,000. This has been divided equally between the six councils. It has therefore cost this council £6,000.
Q19: Why are 40% (8) of the sites identified in the Scott Wilson report located in and around Potters Bar?
A: In assessing potential sites Scott Wilson devised a number of criteria against which to appraise the available options. This led them to identify eight possible sites in and around Potters Bar out of the 21 possible sites. These are their findings and Hertsmere Borough Council does not necessarily support any of the possible sites identified in Hertsmere.
Q20: Why are all of the Hertsmere sites identified in the Scott Wilson report on Green Belt land?
A: All of the borough’s towns are tightly surrounded by the Green Belt and 80% of Hertsmere is Green Belt. There are just no suitable non Green Belt sites available in Hertsmere. Any potential sites are already allocated for housing development, employment use or public open space. In areas such as South West Herts it is almost inevitable that if some additional sites are to be found they will be in the Green Belt.
The same will apply to a number of new homes we are required to provide and the Government has also stated that councils may have to use Green Belt land if there are not enough urban areas for future development.
All four existing Gypsy and Traveller sites in Hertsmere are in the Green Belt.
Q21: Are Gypsy and Traveller sites exempt from Green Belt policy?
A: No. Government policy does allow for exceptions to be made to Green Belt policy where applicants can demonstrate that very special circumstances exist which outweigh the harm to the Green Belt. The lack of suitable alternative sites to meet an identified need could be put forward as part of a case of very special circumstances.
Government advice in Circular 01/2006 states:
“Alterations to the Green Belt boundary can be used in exceptional circumstances for housing and other types of development inappropriate for the Green Belt. Such alterations have often been used in cases where a local authority’s area contains a high proportion of Green Belt land and no other suitable sites outside the Green belt exist. Such an exceptional limited alteration to the defined Green Belt boundary could be considered to meet a specific, identified need for a Gypsy and Traveller site in the same way such an alteration could be used for any other type of development.”
Q22: Why can’t a brownfield site be found?
A: Most brownfield sites in Hertsmere have already been developed or are earmarked for future development. This council has been very successful in encouraging brownfield sites to come forward for development and over the past five years nearly 100% of new housing in Hertsmere has been built on brownfield land. This is about the highest level in the country and well exceeds the national target of 60%.
There might be an opportunity to find a brownfield site in the Green Belt and the council will consider any such suitable options when it carries out its own assessment of potential sites.
Q23: Who owns the sites specified in the Scott Wilson report?
A: They are virtually all privately-owned sites.
Q24: What consideration will you give to the local infrastructure?
A: It must be stressed that no decisions have yet been made on the number of sites and where they might be provided.
Consideration would always be given access to services such as schools. However, it must be recognised that compared to 5,000 additional houses 15/17 pitches for Gypsies and Travellers is unlikely to place much strain on the local infrastructure.
In identifying possible sites the Government advises that “local planning authorities should first consider locations in or near existing settlements with access to local services e.g. shops, doctors and schools.”
Q25: Will schools will be overwhelmed?
A: There are around 664 gypsy and traveller children currently in Hertfordshire schools, widely split across the areas with most having one, two or three children. There is no evidence to suggest any school will be overwhelmed.
Q26: What about the traffic impact?
A: In assessing any potential sites this council will consider the impact of any additional traffic generated on the local highway network and will ensure that any access into and out of the site meets the requirements of the Highway Authority (the County Council).
Q27: Will neighbouring residents be compensated for loss in housing value?
A: This is not a planning issue.
Q28: Are local taxes going to increase to fund additional police / schooling / rubbish etc?
A: No. Gypsies and Travellers pay council tax to help fund local services.
Q29: How will the site and its set-up be funded?
A: There are a number of options for this. It could be that some of the need can be met through extending existing sites rather than providing new sites.
Sites could be provided and funded by Gypsies and Travellers themselves. There is an example of this at the Pylon site in Barnet Road, Potters Bar.
The County Council could provide a site and rent out pitches as at Sandy Lane in Bushey already.
Housing Associations are now also providing sites again for rent.
The Government provides grants for the establishment of new sites and the improvement/extension of existing sites.
Q30: Will you be able to compulsory purchase land for this?
A: Whilst the council does have compulsory purchase powers to bring land forward to meet identified development needs, it has not needed to use them and almost certainly will not in the case of Gypsies and Travellers. If there were a need for an additional site in Hertsmere the council would seek to negotiate with the relevant landowner to ensure that it is made available.
Q31: If you can compulsory purchase land for gypsy provision why can’t you do it for other members of the community?
A: The council can. It just has not needed to. This is very much a last resort option.
Q32: How can you compulsory purchase land to build a gypsy site having previously refused the landowner planning permission on Green Belt / inappropriate development grounds?
A: The council could only compulsory purchase land when a site is identified in its Development Plan for development and the landowner refuses to release the land by negotiation. In allocating sites for development it is Q32 continued this council’s policy to ensure that the site will be made available and it will only allocate sites when it is confident that the landowner supports the allocation of the site for the proposed development.
Q33: What is the East of England Regional Assembly?
A: The East of England Regional Assembly was the designated Voluntary Regional Chamber under the Regional Development Agencies Act 1998. The Assembly existed to promote the economic, social and environmental well-being of the region through a partnership of elected members and community stakeholder representatives. The geographical area covered by the Assembly includes: Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk, Suffolk, Peterborough, Luton, Southend-on-Sea and Thurrock.
The assembly was abolished on 31 March 2010, its functions transferring to the East of England Regional Strategy Board, part of the East of England Local Government Association.
Q34: What was the original East of England Regional Assembly consultation about?
A: In order to meet the requirements of the Government, regional planning bodies have to identify (in their regional plans) District level allocations for Gypsy and Traveller pitch provision. The regional body which covers Hertfordshire was the East of England Regional Assembly (EERA).
EERA has prepared a single issue review of its regional plan in order to comply with the Government requirements.
This seeks to identify the overall level of need in the region and as part of the preparation the public was asked for its views about the number and distribution of additional caravan pitches for Gypsies and Travellers in the region.
Overall EERA has identified a need for 1887 additional pitches by 2011 and suggested that between 176 of these should be provided in Hertfordshire, with 18 of these in Hertsmere.
Q35: Do Gypsies and Travellers work?
A: Similar to the settled community, Gypsies and Travellers work in a range of occupations; for example as teachers, academics and health workers, while others work in the financial sector and in the sport, leisure and entertainment industries.
Traditionally, Gypsies and Travellers have also worked in a variety of trades such as landscape gardeners, agricultural workers, laying tarmacadam, motor trade workers, scrap metal dealers, tree fellers and so on.
Q36: Do Gypsies and Travellers pay tax?
A: The families currently resident in Hertsmere do pay council tax and those families living on County Council owned sites pay rent to the County Council.
Q37: Why is most media coverage of Gypsies and Travellers negative?
A: There have been conflicts due to the establishment of unauthorised sites. If more authorised sites can be identified and provided then it will hopefully reduce the conflicts and lead to less negative coverage.
Q38: I am a traveller. When are you going to ask us what we want?
A: Comments are welcome from all parts of the community, as part of the overall process outlined above.
Q39: I am a traveller. Why do people always think negatively of us?
A: There is no doubt that due to the shortage of authorised sites some Gypsies and Travellers have moved onto unauthorised sites. This has led to negative reactions from the settled community. If the Council can work together with Gypsies and Travellers and the settled community to identify sites for a small number of additional pitches in Hertsmere it will hopefully reduce such reactions in the future.