Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire DN31 1HU Telephone (01472) 313131

Chief Executive Rob Walsh

Our ref:

Anne Marie Campbell anne.campbell@nelincs.gov.uk

3 September 2019

To: All persons on the distribution list

for Economy Scrutiny Panel Dear Councillor Economy Scrutiny Panel – 10 September 2019 Please find attached the following item marked copy to follow for the above meeting: Item 11 – Gypsy and Travellers’ designated stopping place (DSP) Please contact me if you require any further information. Yours sincerely

Anne Marie Campbell Scrutiny and Committee Advisor For Rob Walsh, Chief Executive

… in brief The Economy scrutiny panel have asked to monitor progress on the following issues. This briefing contains the latest position as at 10 September 2019.

Gypsy and Traveller – Designated Stopping Place (DSP) Context

A Designated Stopping Place (DSP) is an authorised site that can be used as a temporary stopping place for members of the Gypsy and Traveller community who are travelling through North East Lincolnshire. The most recent Gypsy and Traveller Accommodation Assessment for North East Lincolnshire, carried out in 2014, found that Fifteen (15) temporary pitches are needed if the borough is to fulfil the objectively assessed need. This need is outlined within the adopted Local Plan.

The minimum requirement for the size of a site is 0.145 hectares (1400m2) which would provide fifteen (15) pitches resulting in space for Thirty (30) caravans. These could be placed in one location or split across two or three, depending on the shape and size of the site(s). There would be a daily charge for anyone using such a site and the maximum length of stay is Fourteen (14) days.

Due to the number of visitors to the area, it was deemed a permanent Transit Site with block facilities would not be required, and the provision of a DSP would be appropriate. This would enable the Council, working in partnership with the Police, to better manage illegal encampments and related issues as a temporary site, designated for use during the traditional travelling season, would restrict visitors to one location with facilities provided and managed. There is currently no temporary provision within the Borough, therefore visitors set up ad hoc camps across the area which results in a reactive response and steps to move travellers on as well as any additional resource to return a site to its original condition and purpose. Previous Update The previous progress of the project was fully captured at the Economy Scrutiny Panel session of 13 November 2018. The report from this meeting can be found by following the link below: https://www.nelincs.gov.uk/wp-content/uploads/2018/05/4.-Tracking-the-Recommendations-of-the-Scrutiny-Panel-4.pdf After the exclusion of the final site from the shortlist, following Technical Assessment, the project team consulted further with members of the Gypsy and Traveller and other Local Authorities where available to gain further insight into delivery of a DSP. Progress – (a full chronology of the process can be found at Appendix A) Following the previous process, the project team, in conjunction with the Portfolio Holder, resolved to review the list of six (6) which were previously identified as available, suitable and deliverable as presented in a site shortlist reviewed by the Economy Scrutiny Panel in March 2017. In order to review the sites, the project team met with planning colleagues to discuss initial considerations regarding each site’s suitability for use as a DSP. The project team then resolved to progress the six (6) sites to a Technical Assessment.

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… in brief Criteria for site selection The criterion for the selection of a suitable DSP site is provided by the Ministry of Housing, Communities and Local Government (MHCLG) in the National Planning Policy Framework’s ‘Planning for Traveller Sites’. The Framework recommends a number of factors in the consideration of selecting a suitable site which includes promoting peaceful co-existence, access to services, environmental quality, flood risk and local infrastructure among others. In addition, site specific criteria such as size and layout, health and safety, site access, security and boundaries is also taken into account. The sites considered by North East Lincolnshire Council have been done so in accordance with this criteria as well as advice and local knowledge of the particular areas. Technical Consultation The six (6) sites were submitted for Technical Assessment in August 2019 for a period of approx. three (3) weeks to allow partners to respond on the suitability of each of the sites. This Assessment gathers information about the suitability / viability of the site from technical experts both internal to the Council (i.e. Planning, Highways etc.) and externally (i.e. Environment Agency, Police, Fire, etc.) The stakeholders who were consulted as part of this Assessment (both internal and external) were as follows:

Internal

Housing Economy & Growth Contamination Assets

Ecology Health & Wellbeing Sports & Leisure Planning

CSSU Highways & Transport Archaeology Estates

Education Trees & Woodland Drainage Conservation

External

Lincs Inspire Fire & Rescue Transport Historic England

Highways England Health & Safety Executive (HSE)

Anglian Water Environment Agency

Lincolnshire County Council

Humber & Wolds Rural Action

East Lindsey District Council

Humberside Police

A summary of the responses received for each site will be provided at the Economy Scrutiny Panel meeting at Appendix B. Recommendations/ Next Steps Following completion of the Technical Assessment of these sites, the Economy Scrutiny Panel are asked to consider each of the sites and summarising the benefits and dis-benefits of utilising each site as a DSP. Once Scrutiny have deliberated, the recommendations for each of the sites will be presented to Cabinet in October 2019. A period of public consultation on any recommended site(s) will be undertaken following consideration by Cabinet. This public consultation could last for a period of up to eight (8) weeks in order to allow the public to submit their views on each of the sites. If a site or sites are selected as preferred option(s), an internal Business Case for investment into the site(s) will be required and the planning process will be followed in order for the site(s) to be officially approved for use as a DSP.

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… in brief Contact Officer: Wendy Fisher, Capital and Assets Programme Manager – Tel: 01472 323132 If you require any further information please contact the named officer or alternatively, Anne Campbell Scrutiny & Committee Advisor Tel: 32-6132

If you would like to find out more about scrutiny you can contact us: by email scrutiny@nelincs.gov.uk or call on the scrutiny hotline Grimsby (01472) 326134 or by post (no stamp required) NELC Scrutiny Team, Municipal Offices, Town Hall Square, GRIMSBY DN31 1HU. Business Reply Licence Number RLZE-TTGE-SGRY. Or go to: www.nelc.gov.uk/council/councillors-democracy-elections-/scrutiny/

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Gypsy and Traveller Designated Stopping Place (DSP) - Project Chronology

Public Consultation

Call for Sites

12 December 2017

Project Team

Site Assessment

22 January 2018

Project Team

Site Assessment

23 January 2018

Stakeholders

Technical Assessment

14 February 2018

Project Team

Technical Assessment

13 March 2018

Estates Team

Private Site Investigation

10 April 2018

Project Team

Site Shortlist

11 April 2018

Project Team / Planning

Additional Sites

17 April 2018

Project Team

Additional Sites

1 May 2018

Project Team

Additional Sites

8 May 2018

Project Team

Site Shortlist

23 May 2018

Project Team

Site Shortlist

6 June 2018

Economy Scrutiny Panel

Process

26 June 2018

Project Team

Landowner Consultation

1 September 2018

Leaders Briefing

Site Shortlist

9 July 2018

Economy and Growth

Internal Consultation

10 July 2018

Project Team

Site Shortlist

25 July 2018

Stakeholders

Technical Assessment

9—31 October 2018

Next Steps

Council engaged in public consultation to

invite members of the public to submit

potential Gypsy and Traveller DSP sites.

Consultation period set for 38 days with

criteria for type of sites to be submitted.

Consultation ended on 19 January 2018

A total of 82 sites were submitted by the

public as part of this consultation

Project Team met to discuss the Council

owned assets to be considered for the

DSP site.

Project Team: Assets, Estates, Grounds Maintenance, Legal, Assistant Director—Special Projects, Humberside Police, Strategic Housing, Spatial Planning, Communica-

tions / Consultation and Engagement.

The first consideration was site size.

709 sites were removed as they were

too small

The second consideration was current

tenure. 57 sites were deemed

‘unavailable’.

Project Team considered all 1247 assets

on the Councils asset register

The third consideration was current us-

age. 324 sites were deemed

‘unsuitable’.

Remaining sites were considered against

critical criteria which eliminated 122 sites

deemed ‘unsuitable’.

A further 27 sites deemed

‘undeliverable’ due to shape of land

The remaining 8 sites were added to the

site shortlist

Project Team met to discuss the Public

submission’s to be considered for the

DSP site.

23 sites were removed as they were du-

plicates

Remaining 59 sites considered against

critical criteria removing 46 sites.

Remaining 13 sites were added to the

site shortlist.

Project Team agreed that site shortlist of

21 sites to be submitted to external

stakeholders for feedback.

Technical Assessment was agreed for a

period of 3 weeks ending on 13 March

2018

Range of stakeholders consulted and

provided feedback on each of the sites to

be considered by Project Team

Stakeholders included:

Humberside Police;

Fire Service;

Highways England;

Health and Safety Executive;

Environment Agency;

Historic England;

Internal NELC teams;

Internal ENGIE teams.

Project Team met to discuss the feedback

from the Technical Assessment on the

site shortlist.

Technical stakeholders provided com-

ments on each of the sites and the group

assessed whether they should remain

shortlisted

Planning colleagues also provided com-

ments on each of the sites

15 sites were removed following the

feedback.

6 sites remained on the shortlist.

4 of the 6 shortlisted sites were in private

ownership

The Estates and Valuations team were

instructed to engage with landowners to

discuss possible acquisitions of sites

In all four cases the landowners indicated

that the sites were not available / no

interest to sell.

All four privately owned sites were re-

moved from the shortlist.

2 sites remained shortlisted.

Project Team met to discuss site shortlist

and next steps for the project.

Project teams agreed that sites previous-

ly discounted due to ‘known future de-

velopments’ could be reconsidered

Small delegation of Project Team were

instructed to meet with planning col-

leagues to discuss alternative sites.

Project team agreed to consider sites

which were submitted late by the public

i.e. after 19 January 2018

Project team met with planning col-

leagues to discuss sites previously ruled

out for ‘known future development’

Only 1 site deemed appropriate by plan-

ning colleagues for inclusion:

Land at Former Western School

Planning colleagues suggested consulta-

tion with Shoreline Housing Patnership

(now Lincolnshire Housing Partnership

(LHP)). Project team to consider this.

Planning colleagues also agreed with ad-

ditional late site (land adjacent to Wal-

tham Airfield) pending further investiga-

tion.

Further consideration to be given to po-

tential space at Habrough Gypsy and

Traveller site.

Project Team met to discuss site shortlist

and feedback from planning.

Project team agree with proposal to re-

move Lay by site from shortlist

Project team agreed to consult with

Shoreline HP and East Lindsey District

Council on additional sites.

Project team agree to include Land at

Former Western School into site shortlist.

Planning colleagues advise the removal

of 1 site:

Hewitt’s Avenue Lay By

Further investigations on additional sites

to continue

Additional sites have been further inves-

tigated by small delegation of project

team

Land adjacent to Waltham Airfield to be

added to site shortlist pending further

investigation.

Land at Comber Place to be added to site

shortlist following conversation with LHP

pending further investigation.

Land at Ayelsby Road (late submission) to

be added to shortlist pending further

investigation

Land at G&T site in Habrough to be add-

ed to site shortlist pending further inves-

tigation.

Land at Moody Lane (late submission) to

be removed from shortlist as it is deemed

unsuitable by planning.

Site shortlist currently 6 sites.

Project team agree with the principal to

consult with ABP about possible land

Project team agree with deadline for ad-

dition of sites as 6 June (next meeting of

the Project Team)

Project team agree to engagement with

following stakeholders prior to 6 June

2018:

ABP;

East Lindsey District Council;

Lincolnshire HP;

Portfolio Holders.

Project Team agreed that further consul-

tation with landowners of four private

sites should be carried out.

Technical Assessment to be carried out

only once we have had confirmation

from Private Landowners that they are

comfortable.

Legal position of not providing a DSP site

to be considered as part of the future

report to cabinet.

Documents being presented to Economy

Scrutiny Panel shared with the group for

comment.

The process of selecting a DSP site was

presented to the Scrutiny Panel to

demonstrate the Council’s efforts to pro-

vide for this need.

The discussion was conducted in a closed

session and the 2 council owned sites

were shared with members.

Due to commercial sensitivity of the sub-

ject, the privately owned sites were not

shared with members.

The shortlist comprised of 6 sites of

which 2 were owned by the Council and

4 were in private ownership.

Officers from the Project Team met with

the Leader, Deputy Leader and Leader of

the Liberal Democrats to discuss the pro-

cess and present the shortlist.

Agreement was given to carry out inter-

nal Technical Assessment with Economy

and Growth colleagues on each of the

sites.

All 6 sites in the shortlist were discussed

and assessed on their pros and cons.

Advice was given by colleagues in Econo-

my and Growth on 4 of the sites which

they felt should be removed for a variety

of reasons.

These reasons were then shared with the

Director for Economy and Growth and

who concurred with the advice.

Advice to be presented to project team

for their decision.

Advice given from Economy and Growth

colleagues was presented to the group.

Group agreed with the advice and the

proposal to remove 4 sites from the site

shortlist.

Shortlist now comprises of 2 sites both of

which are in private ownership.

Agreement has been given on 1 of the

sites for progression to Technical Assess-

ment. Engagement with landowner of

other site to gain agreement on Technical

Assessment

A delegation of the project met with the landowners of one of the sites listed in the site shortlist to understand whether it would be suitable to use their land.

The landowners expressed that they were not interested in utilising their land for this purpose and thus the site was removed from the site shortlist.

The site was therefore removed and the shortlist reduced to 1 site.

The final site was shared with technical

stakeholders for comments on viability /

suitability. A total of 18 stakeholders re-

sponded as part of this process and pro-

vided their expert opinions.

The project team reviewed these re-

sponses on 31 October 2018.

The site was considered to be unsuitable by technical stakeholders due to a variety of issues including viability of access and viability of providing services to the site. The decision was therefore taken to re-move the site from the shortlist.

The removal of this site from the overall shortlist represents the final piece of land which has been identified by the project team in this search. The current process has now concluded, therefore, and all previously considered sites have been discounted.

The project team will reconvene to con-sider the next steps and devise a new process in order to address the commit-ment of the Council to meet the provi-sion of a site as defined in the Local Plan. New and innovative solutions will require consideration as part of this next stage of the process in order to identify an availa-ble, suitable and deliverable site.

2017-2018

Please see page 2 for 2019 onwards

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Economy Scrutiny Panel

Update on Process

November—December

Project Team

Process Review

January 2019

Project Team

Consultation

February 2019

Project Team

Consultation

March - May 2019

Project Team

Site Review

June 2019

Project Team

Site Selection

July 2019

Stakeholders

Technical Assessment

August 2019

Economy Scrutiny Panel

Site Consideration

September 2019

Cabinet

Site Consideration

October 2019

Next steps as deemed appropriate by the Project Team in conjunction with the Portfolio Holder

Scrutiny were updated on the progress of the project and the outcomes of the most recent phase of technical site as-sessment. The final remaining site was ruled out as unsuitable following comments received from technical stakeholders. The update to Scrutiny also recommend-ed that the project team were recon-vened to look at alternative ways of de-livering the provision as outlined in the local plan. Scrutiny agreed with these recommenda-tions.

Following the recent technical site as-sessment and update to Scrutiny, a pro-ject team met to discuss next steps. The project team agreed that further consultation would be carried out with a number of external stakeholders who may be able to provide advice on their experiences of delivering a G&T DSP. A number of stakeholders were identified for further consultation.

During this period the project team made contact with a number of the aforemen-tioned groups to discuss the process of selecting a DSP. Despite numerous attempts it proved difficult to obtain any further information from a number of these groups and a deadline of the end of May was given to end this period of consultation. The project team resolved to reconvene and discuss next steps following this con-sulation period.

Following discussions with the Portfolio Holder the project team put in place a project plan in order to progress with the chosen 6 sites. The project team made note of a number of additional considerations including the legal obligations to provide a site, the risk of not providing a site and the Council’s obligations insofar as consultation. A process of technical assessment, scruti-ny review, cabinet decision and public consultation was agreed with the Portfo-lio Holder in order to progress with these sites.

The project team will provide a report to the Economy Scrutiny Panel on 10 Sep-tember 2019 which provides a summary of the project and feedback from the technical assessment on each of the six sites. This feedback will enable Scrutiny to con-sider which of these sites should be con-sidered as suitable for a G&T DSP.

The project team reached out to a num-ber of stakeholders in relation to seeking further advice on the process of selecting a G&T DSP. These stakeholders included other Local Authorities, members of the G&T com-munities and other external groups rep-resenting aspects of the G&T communi-ty . One area that the project were interest-ed in learning more about was the ‘Negotiated Stopping Place’ approach taken by other Local Authorities.

The project team met and reviewed the list of sites and reasons for discounting previously considered sites. A number of sites had previously been taken to a meeting of the Economy Scru-tiny Panel and it was decided, in conjunc-tion with the Portfolio Holder, to review this list. 5 sites in total were reviewed along with their reasons for discounting. A sixth site had also previously been discussed and this was included for further considera-tion at this stage.

The six sites were submitted for technical assessment on 13 August 2019 for a peri-od of two weeks. The technical assessment will enable comments on each site to be received from expert stakeholders as to the suita-bility for use as a G&T DSP. Once the technical feedback has been received this will enable further informed discussions and considerations of these sites.

A report is due to be taken to Cabinet in October 2019 which outlines the process and the recent technical assessment on the six sites. The report will also contain the recom-mendations from the Economy Scrutiny Panel held in September 2019. The Cabinet report will also recommend that any suitable sites are progressed through a formal process of public con-sultation.

2019

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