North East Derbyshire Publication Draft Local Plan (Reg 19)

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Object

North East Derbyshire Publication Draft Local Plan (Reg 19)

Policy LC8: Provision for Traveller Sites

Representation ID: 7565

Received: 04/04/2018

Respondent: National Federation of Gypsy Liaison Groups

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Representation not received on representation form; Council officer has made interpretation.
Although respondent support the approach taken to meet the needs of Travellers they have two concerns about section 3 of Policy LC8:
1. This should recognise that the current GTAA will need to be regularly reviewed.
2. It is unacceptable that need must be established before any site is given consideration because it would be discriminatory to introduce an overriding requirement. The PPTS clearly states that unmet need cannot be used as a test of acceptability.

Change suggested by respondent:

In its present form the Local Plan is unsound because it is not consistent with national policy and is not justified; it therefore needs to take into account the concerns raised.

Full text:

These comments are made in response to the consultation on the above Plan. We support the approach taken to meeting the needs of Travellers.

However, we have concerns about section 3 of Policy LC8. Firstly, this should recognise that the current GTAA will need toi be regularly reviewed and need must be judged against the most up-to date assessment.

Secondly, it is unacceptable that, in the circumstances set out, need must be established before any site is given consideration. If a site is acceptable in locational and land use terms, then it must be given fair and unbiased consideration. To introduce an overriding requirement relating to need is discriminatory. No such overriding requirement is, or could be, reasonably applied to consideration of mainstream housing, so this element of Policy LC8 shows clear discrimination against the Travelling community. The need to have a reasonable policy to deal with applications which come forward when the assessed need for pitches has been met is recognised in national policy. Paragraph 10 of PPTS clearly states that unmet need cannot be used as a test of acceptability. All applications must be judged against their merits. An acceptable site must be approved irrespective of unmet need. Paragraph 10 of PPTS requires that criteria must be set out to deal with planning applications even where there is no unmet need.

In its present form the Local Plan is unsound because it is not consistent with national policy and is not justified.

We will wish to participate at the Hearing sessions to present our concerns.

Supporting document is attached.

Attachments:

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