Interim Gypsy/Traveller site design guide

2. Background and Related Policy

2.1 Current Provision

There are currently 29 public Gypsy/Traveller sites in Scotland provided by 19 local authorities and one Registered Social Landlord (RSL) providing approximately 400 pitches.

2.2 Minimum Standards for Gypsy/Traveller Sites

The Scottish Government published Minimum Standards for Gypsy/Traveller sites in 2015. The Minimum Standards are now part of the Scottish Social Housing Charter. Compliance with the Standards is monitored and reported on by the Scottish Housing Regulator (SHR). The Standards, which were developed, as far as was possible, in line with the Scottish Housing Quality Standard (SHQS) for existing social housing, cover two broad areas: physical facilities and fabric, including the quality of fixtures and fittings, lighting, heating, and a hot and cold water supply; and services provided by the site provider and how it treats site residents.

Research by SHR found that, while improvements to bring sites up the Minimum Standards on some sites has been positive for residents, there are lessons to be learned for future improvements that could have a greater impact on quality of life for residents. Residents also expressed views about how site standards could be strengthened and these have been taken into account in the development of this Site Design Guide.

This Site Design Guide does not include all of the detail included in the Minimum Standards, and does not replace them. New and refurbished sites should meet the Minimum Standards in addition to the requirements set out in the Site Design Guide. The Minimum Standards also set the standard below which sites should not fall. In time, it may be appropriate to include some elements of the Site Design Guide in the Minimum Standards, in order to drive systematic improvement in the quality of accommodation going forward.

2.3 Context

Ministerial Working Group and Gypsy/Traveller Action Plan - In December 2017, a Ministerial Working Group (MWG) was established to take action to improve the lives of Gypsy/Traveller communities across a range of issues in response to a report by the Independent Race Equality Adviser that said "Despite parliamentary enquiries and reviews of progress, various reports, strategies and initiatives, little has changed for Gypsy/Travellers in Scotland. They face much the same problems that have troubled them for decades."

The 2011 Census evidences the disadvantage of Gypsy/Travellers by comparison with other communities in Scotland. Improved access to suitable, good quality accommodation has the potential to support health improvement, educational achievement and employment opportunities, all of which can impact on poverty.

The MWG developed an Action Plan: Improving the Lives of Scotland's Gypsy/Travellers: 2019 – 2021 which includes actions across a range of areas to improve the lives of Gypsy/Travellers in Scotland including: more and better accommodation; improving access to public services; better incomes in and out of work; tackling racism and discrimination; and improving Gypsy/Traveller representation.

The Action Plan is closely linked to wider shared priorities in the National Performance Framework and ambitions to create a fairer Scotland. This means tackling poverty and inequality and, in particular, bringing an end to child poverty. It also means ensuring that everyone has a safe and secure place to live, and ending homelessness. Above all, this plan is about protecting and promoting human rights, delivering equality and creating strong and cohesive communities.

The life of the plan was extended by 18 months, to October 2022, as a result of the COVID-19 pandemic.

Housing to 2040 - The Housing to 2040 Vision describes what we want our homes and communities to look and feel like in the future and is deliberately ambitious and aspirational. It has been informed and shaped by people and organisations across Scotland and is designed to reflect the diversity of people, homes and communities across urban, rural and island Scotland. The Principles underpinning the Vision explicitly include Gypsy/Travellers. Housing to 2040 commits to more and better Gypsy/Traveller accommodation:

"To drive a significant improvement in the quality of sites going forward, we are developing a Site Design Guide for Gypsy/Traveller sites, in conjunction with residents and local authorities. This will set the standard for new accommodation, in keeping with the key principles such as accessibility and energy efficiency, which are important for all our homes. We will continue to work with Gypsy/Traveller communities to make sure their needs are embedded in housing and planning policy, including exploring ways to ensure that Gypsy/Traveller communities have access to support to allow them to self-provide accommodation that meets their needs."

More Homes Scotland Approach - The Gypsy/Traveller Accommodation Fund sits alongside the Affordable Housing Supply Programme (AHSP) under the More Homes Scotland Approach, which aims to increase and accelerate the supply of homes across all tenures. It will support local authorities in delivering their affordable housing priorities by providing quality homes (but not houses) to Gypsy/Travellers.

The Right to an Adequate Home - The right to housing is already a human right enshrined in international law. The National Taskforce for Human Rights Leadership is working to establish a statutory framework for human rights that can bring internationally recognised human rights into domestic law and protect the human rights of every member of Scottish society.

The UNCRC Bill was passed by the Scottish Parliament on the 16^th March 2021 and will make it unlawful for public authorities, including Scottish Ministers, to act incompatibly with the UNCRC requirements, giving children, young people and their representatives the power to go to court to enforce their rights which include civil, political, economic and cultural rights. The right to an adequate home is central to Housing to 2040 and commits to taking action to realise that right in Scotland.

Out of Sight, Out of Mind, a report by the Northern Ireland Human Rights Commission in 2018 described the right to adequate housing for Gypsy/Travellers in terms of accommodation that is:

• culturally adequate;
• accessible;
• habitable;
• adequate in terms of services, facilities and infrastructure;
• subject to adequate security of tenure;
• adequately safeguarded from forced eviction;
• affordable;
• adequately located;
• subject to effective participation of Travellers;
• adequately monitored;
• adequately resourced;
• not subject to discrimination;
• promotes tolerance and mutual understanding; and
• subject to an effective remedy.

We recognise that Gypsy/Traveller communities face particular difficulties in realising the right to an adequate home that meets their needs and allows them to pursue their cultural traditions. This Site Design Guide and the Gypsy/Traveller Accommodation Fund are intended to help Gypsy/Travellers realise their rights.

The Place Principle - Place making is important for Gypsy/Traveller sites to ensure that the needs of residents are met. There is more information on this at Place Principle: introduction

Creating Places: A policy statement on architecture and place for Scotland sets out the six qualities of successful places as:

• distinctive;
• safe and pleasant;
• easy to move around;
• welcoming;
• adaptable; and
• resource efficient.

National Planning Framework 4 - Scotland's fourth National Planning Framework (NPF4) will be a long term plan looking to 2045 that will guide spatial development, set out national planning policies, designate national developments and highlight regional spatial priorities. Draft NPF4 was published on 10 November 2021 and includes draft policies on the accommodation needs of Gypsy/Travellers within a wider Quality Homes policy. This draft policy suggests that land should be allocated to meet the Housing Land Requirement in sustainable locations that create quality places for people to live. The location of where new homes are allocated should be consistent with the principles of 20 minute neighbourhoods and an infrastructure-first approach. In rural and island areas, authorities are encouraged to set out tailored approaches to housing which reflect locally specific market circumstances and delivery approaches. Diverse needs and delivery models should be taken into account across all areas, as well as allocating land to ensure provision of accommodation for Gypsy/Travellers.

The draft policies for Gypsy/Travellers suggest that proposals for public or private, permanent or temporary, Gypsy/Traveller sites on land not identified for this use in the development plan should be supported where a need is identified unless:

• the proposed site relates to protected land or features and that the design of the proposal does not mitigate against any unacceptable impacts; or
• the proposed site cannot be adequately accessed and serviced; or
• there would be an unacceptable impact on the character, appearance or amenity of the area. Judgements should focus on the acceptability of the development being proposed.

The Draft is out for consultation to 31 March 2022. Resources, including access to a community grant scheme, can be found on the transforming planning website. Following the period of consultation and parliamentary scrutiny, the plan is for NPF4 to be adopted in summer 2022. It should be noted that NPF3 and Scottish Planning Policy will remain in force until NPF4 is adopted. Once commenced, the Planning (Scotland) Act 2019 will place additional duties on planning authorities Work to prepare new guidance on effective community engagement is ongoing with a draft expected during 2022, alongside finalisation of the new regulations and guidance on development planning.

Local Housing Strategies (LHS) - Local authorities are required under the 2001 Housing (Scotland) Act to prepare a Local Housing Strategy (LHS) setting out the strategic vision for the delivery of housing and housing related services including the needs of particular groups such as Gypsy/Travellers. The LHS should be supported by an assessment of current and future housing requirements in the form of a Housing Need and Demand Assessment (HNDA). The HNDA is a primary element of the evidence base and its findings should help determine outcomes and inform policy and delivery priorities identified in the LHS. Through the accommodation actions in the Gypsy/Traveller Action Plan, research is planned for 2022 which should provide local authorities with a Toolkit for gathering evidence to inform the Housing Needs and Demands Assessment as part of the LHS and Development Plan process.