Proposed decision:
The Growth, Economic Development and Communities Cabinet Committee is asked to consider and endorse or make recommendations in relation to the proposed decision to be taken by the Cabinet Member for Community and Regulatory Services, to adopt the Gypsy and Traveller Site Pitch Allocation Policy and Application Form.
Reason for the decision:
The Pitch Allocations Policy was last updated in 2012 and is pivotal to the good management of Gypsy and Travellers sites owned by KCC. The review is to ensure pitches are allocated in a fair, transparent, and consistent way across all sites.
Background:
The Gypsy and Traveller Site Pitch Allocation Policy was last updated in 2012 and it sets out how the County Council will establish an applicant’s need for a pitch on a site it owns, and how vacant plots will be allocated.
The draft revised Policy was consulted upon from 30th November 2022 to 7th February 2023, following its endorsement by the Growth, Economic Development and Communities Cabinet Committee in November 2022. The results of the consultation have been received and incorporated into the revised Policy as appropriate, and the Gypsy and Traveller Site Pitch Allocation Policy is now considered ready for adoption.
This policy is pivotal to the good management of sites and ensuring that our sites provide a safe environment for Gypsy Roma Traveller communities and needs a review and refresh to ensure that it includes learnings from recent enforcement and compliance actions, as well as good practice adopted by other Local Authority Gypsy and Traveller teams.
How the proposed decision supports Framing Kent’s Future 2022-2026:
Priority 2: Infrastructure for Communities. Good management of sites offers a safe and quality environment for the Gypsy and Roma Community.
Options (other options considered but discarded):
The option of not revising the policy was considered but rejected due to the significance of this Policy in effective site management and the need to ensure that Council owned sites provide a safe environment for Gypsy Roma Traveller communities.
Data Protection implications:
The DPIA has been updated following the revisions made to the Policy from the Consultation feedback and is pending approval from the DPO at the time of writing.
Decision type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: For Determination
Notice of proposed decision first published: 04/05/2023
Decision due: Not before 2nd Jun 2023 by Cabinet Member for Community and Regulatory Services
Lead member: Cabinet Member for Community and Regulatory Services
Lead director: Stephanie Holt-Castle
Department: Growth, Environment & Transport
Contact: Natalie Liddiard, Head of Gypsy and Traveller Service Email: natalie.liddiard@kent.gov.uk.
Consultees
The draft version of the policy was reported to the Growth, Economic Development and Communities Cabinet Committee and endorsed for public consultation in November 2022. The updated revised policy was considered and endorsed by Members at their meeting on 16th May 2023.
Financial implications: There are no negative financial implications to the revised Gypsy and Traveller Site Pitch Allocation Policy; however, the introduction of a deposit scheme will provide some limited reimbursement to Kent County Council when a resident absconds from site, either leaving behind waste, owing rent arrears to the Authority, or causing damage when leaving.
Legal implications: This policy has been revised taking full consideration of: • Caravan Sites and Control of Development Act 1960 • Caravan Sites Act 1968 • Mobile Homes Act 1983 • Data Protection Act 2018 • Housing Act 2004 • Human Rights Act 1998 • Housing and Regeneration Act 2008 • Equality Act 2010 It is highlighted in the revised policy that KCC is not a registered housing authority under the Housing Act 1985 and that KCC has no statutory obligation to house applicants. The revised Policy and Application Form has been reviewed alongside the Consultation Report by a Barrister and opinion provided to ensure the Policy is fair, inclusive, legally compliant, and suitably robust to achieve its purpose.
Equalities implications: Screening of the proposed policy and consultation process did not highlight any significant direct negative impact on any of the protected groups, however, it did provide some specific areas for consideration and inclusion to ensure that the consultation and application process are accessible to all. The Equality Impact Assessment for the Policy has been revisited and updated to consider the feedback received during consultation. This screening did not highlight any significant direct negative impact on any of the protected groups.