This is a big problem in Maidstone because it has the highest number of Gypsy/Traveller pitches in the country with the Government expecting them to provide even more. This will be far more than our fair share at a time when Kent does not have enough water for so many households.
Unauthorised encampments happen all the time across the borough, with the most recent starting up in Sandway, a small hamlet, near Lenham over the summer.
This is all wrong and needs to change. That’s why I pushed the Minister for Housing and Planning, Matthew Pennycook, with other MPs in June to toughen the law. He recently sent me the attached letter setting out the Government’s position (letter attached)
He recognises that intentional unauthorised development, irrespective of who undertakes it, is completely unacceptable – so far so good! But then he goes on to say:
- Councils have powers to bear down on unauthorised development. He does recognise that most are reactive (enforcement and stop notices) but says they can seek injunctions where it appears likely that a breach of planning control is about to occur.
- Where unauthorised development has already occurred, the opportunity to secure planning permission afterwards is restricted and retrospective planning applications can be declined. Under these circumstances the only route to planning permission is via appeal.
- Planning inspectors are required to determine appeals in accordance with the development plan unless material considerations indicate otherwise. This is where it gets difficult for Maidstone because the council does not have enough planned Gypsy/Traveller pitches in its local plan – and inspectors will take this into account and likely grant planning permission as a result.
- Other material considerations include human rights and equality obligations, such as the positive duty to facilitate the Traveller way of life. Where children are involved, their best interest will necessarily be a primary consideration.
In short, the Government’s position sounds tough, but because Maidstone does not have the required 5-year supply for Gypsy/Traveller sites it will almost certainly always lose at appeal.
The Minister goes on to outline the Government’s solution:
- To drive Council Local Plans to adoption as quickly as possible to achieve universal plan coverage
- To ensure Councils use their planning enforcement powers
- To update Government guidance to Councils, Police and others to deal with unauthorised sites
None of this will help Maidstone partly because the Council is unable to find the required number of Gypsy/Traveller pitches that the Government insists on. Even if does find the required sites, the Council could still lose at appeal due to the ‘other material considerations’ listed above. That’s why I am going to keep pressing the Government to reduce the number of pitches we are required to find.
The Minister also confirmed that the Government is considering our request for a cross-government taskforce in unauthorised development and introducing a construction company offence. I will keep pushing for this and other changes that will make a difference.
Ultimately only the Conservatives have an effective plan to clamp down on unauthorised Gypsy/Traveller sites which includes:
- Leaving the ECHR and removing the legal barriers which delay planning enforcement
- Basing planning decisions on land use not identity. Under the Conservatives everyone will be treated the same by the planning rules.
- Ending the abuse of retrospective planning applications – planning permission must be secured in advance
- Strengthening enforcement by issuing updated guidance to ensure full coordination between councils and the Police.
