HL Deb 15 November 2004 vol 666 cc111-2WA
Lord Dixon-Smith

asked Her Majesty's Government:

Whether the judgment in the Court of Appeal in the case of First Secretary of State and Others v Chichester District Council has implications for present planning guidance in relation to the provision of sites for Gypsy caravans. [H L4746]

Lord Rooker

This judgment does not change present planning guidance. The case does however send a clear message that local authorities, in line with existing guidance, should seek to ensure adequate provision of Gypsy sites through the development plan process.

Lord Dixon-Smith

asked Her Majesty's Government:

How many local authorities might be vulnerable to the establishment of Gypsy encampments without planning permission as a consequence of the local authorities not having sufficient established sites with planning permission within their boundaries and the local authorities subsequently taking no action to provide additional sites. [HL4747]

Lord Rooker

It is not possible to estimate how many unauthorised Gypsy site developments might result from local authorities not taking the advice given in Circular 1/94 "Gypsy Sites and Planning". This states that they should identify suitable locations in their development plans wherever possible and failing that, they should have realistic criteria for suitable locations as a basis for their site provision policies.

Lord Dixon-Smith

asked Her Majesty's Government:

How a local authority is to differentiate between the need to protect the countryside and the need to provide sites for Gypsy caravans in order to avoid breaching Article 8 of the European Convention on Human Rights. [HL4748]

Lord Rooker

Local authorities determine planning applications in accordance with their development plan and other material considerations. Development plans must reflect government policy aimed at protecting the countryside, including the green belt. Local authorities have to decide whether there are circumstances to justify development in such areas. In doing so, they must also take account of the human rights of applicants. Each case is decided on its own merits.