Local Development Plan evidence report – defining Gypsies and Travellers: consultation analysis

2. Responses to definition

Question 1a

Question 1a asks; "Scottish Government (Planning, Architecture and Regeneration Division) are considering the following statement to define the Gypsy/Traveller community for planning purposes. Do you agree with this statement?"

The statement is as follows;

"For the purposes of section 16B(14) of the Town and Country Planning (Scotland) Act 1997 (evidence report for preparation of local development plan), "Gypsies and Travellers" means-

a) persons of or from a nomadic cultural tradition, whatever their race or origin, including-

(i) persons who have ceased to travel temporarily or permanently as a result of their own or their family's (including dependants) educational needs, health needs, or old age,

(ii) members of an organised group of travelling show people or circus people (whether or not travelling together as such),

(iii) persons who require the provision of land for temporary or permanent living (including the use of caravans as defined in section 16 of the Caravan Sites Act 1968),"

There were 34 responses to this part of the question.

Overall, these responses were mixed, showing an equal proportion of those who agreed with the definition and those who disagreed.

Question 1b

Question 1b asks, "If no, what changes would you seek?". There were 24 responses to this part of the question.

Key Themes

There was broad agreement among respondents that more emphasis should be placed on the distinctions between different Travelling communities to avoid homogenising their unique backgrounds, cultures and traditions. Three planning authorities, two organisations and six individuals expressed views on this key theme. In particular, there was a call to clearly identify between ethnic Gypsy/Travellers and Travelling Showpeople. This was from members of both communities as they recognise themselves as distinctly different, and there were recommendations to include ethnicity as its own category.

Eight of the responses highlight the need to make the distinction of ethnic Gypsy/Travellers as a separate group of communities to other Travelling communities, as their ethnic status maintains their protection under equality laws. Six of the responses also highlighted that Travelling Showpeople and circus people are their own distinct group, have different and unique planning needs to other Travelling communities, and should be seen as a separate community. Three of these responses expressed concern over the initial umbrella term 'Gypsies and Travellers' as this is not how Travelling Showpeople tend to identify. Two responses also emphasised the necessity to create the distinction that New Age Travellers are not ethnic Travellers and should be regarded separately.

There were some concerns that the reasons given for ceasing travel temporarily or permanently were too narrow and not reflective of the real and more complex reasons Travellers stop travelling. Three planning authorities, one organisation and two individuals expressed views on this key theme. General consensus was that this should be left more broad and open. One respondent highlighted that many racial/ethnic Travellers cease to travel for more societal reasons such as discrimination, lack of provision, and it being too difficult or dangerous. One respondent mentions that in the case of Travelling Showpeople, individuals may retire but still wish to be a part of the community. Three other responses mentioned the lack of adequate sites as another key reason for ceasing travel.

There were clear concerns over the inclusion of 'persons who require the provision of land for temporary or permanent living' and the use of the Caravan Sites Act 1968. Four planning authorities, three organisations and one individual expressed views on this key theme. Three responses stated that the Caravan Sites Act 1968 is unhelpful for the purposes of this definition. Two responses stated that this clause could have implications for the development of housing on green belts. Five of these responses suggested that this clause can inadvertently include persons who are not Travellers but do want land in the definition, with one calling for this clause to be omitted due to the potential confusion it can lead to.

Additional comments

One individual response stated that the continuous reference to 'nomadism' in definitions related to planning can be exclusionary to Gypsies and Travellers that live in housing. This is echoed by an organisation's response that stated it is important that Travellers in bricks and mortar style housing still be considered.

One planning authority responded that they support the proposed definition but would find it helpful to have a consistent definition across policy areas. Two organisation responses also noted the issue of whether this definition may create conflicts with other existing definitions that include/exclude other groups.

One individual response recommended that maintaining the right for people to self-identify as Gypsies or Travellers can simplify the complex issue of identifying the correct individuals for the evidence report.

One planning authority recommended that the definition be in line with the legal tests that check if the planning authority has fulfilled its legal obligation to consult with these communities.