Local development plans – defining Gypsies and Travellers: interim impact assessments

Interim Business and Regulatory Impact Assessment

Title of Proposal

Consultation on a proposed definition of 'Gypsies and Travellers' for the purpose of Local Development Plan regulations on Evidence Reports.

The definition will be implemented with Local Development Planning Regulations associated with the Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act 2019.

Purpose and intended effect

This is an Interim BRIA and is not intended to be a definitive statement or a full assessment of impacts. It does however, present preliminary and indicative impacts that will require further consideration by the Scottish Government to inform the decision-making process on the Gypsy/Traveller definition after the consultation has taken place and prior to them being finalised.

Background

The Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act, 2019, sets out requirements for planning authorities to involve the Gypsy and Traveller community in the early stages of preparing Local Development Plans (LDP). This includes providing a summary of the action taken to meet Gypsy/Traveller accommodation needs and providing a statement on the steps taken to seeks views of the community, within the Evidence Report that will inform the preparation of the LDP. The Act refers that 'Gypsies and Travellers' has the meaning specified in regulations by the Scottish Ministers and requires that before making such regulations, Scottish Ministers must consult with such persons as they consider appropriate.

A consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specified in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out. A statutory definition will be included within regulations for the specific planning purpose of preparing the Evidence Report.

Objective

This consultation aims to establish a definition of 'Gypsies and Travellers' to inform planning authorities on who to consult in preparing the Evidence Report. By consulting members of the community and other relevant bodies, the desired outcome is an accurate and inclusive definition that enables the planning system to better support the needs of Gypsies and Travellers.

Rational for Government intervention

The Scottish Government is committed to ensuring equality of opportunity for all of Scotland's Gypsy/Travellers, a particularly marginalised group. They want to ensure planning authorities properly involve the Gypsy/Traveller community in planning the future of their places.

The Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act, 2019 refers that 'Gypsies and Travellers' has the meaning specified in regulations by the Scottish Ministers and requires that before making such regulations, Scottish Ministers must consult with such persons as they consider appropriate.

Consultation

Within Government

The responsibility of these issues lie within the Planning, Architecture and Regeneration Division and the proposals have been developed with the assistance of the Equality Unit within the Directorate for Equality, Inclusion and Human Rights.

A town planner with professional experience of working with the Gypsy/Traveller community was seconded into Planning, Architecture and Regeneration Division. They supported the drafting of the consultation document, provided advice on engagement with the community and provided input to the interim impact assessments.

Public Consultation

A public consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specified in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out. The proposal received positive responses, particularly from local authorities.

Business

Members of the Gypsy/Traveller community may be more likely to be self-employed as shown in the latest census analysis. We therefore propose to include a specific question on the impact on business with the consultation. There is potential for an impact on business sectors that are involved in the supply of resources and materials for Gypsy/Traveller sites and businesses.

Options

1 - 'Do nothing'

This option entails not providing a formal definition of 'gypsies and travellers' in the Local Development Plan regulations. Not providing a definition would leave a gap in the legislation as the provisions of section 16B(3)(a) and (4)(a)(ii) both depend upon the meaning of the term "Gypsies and Travellers". Not having a definition will mean planning authorities are unclear who to involve and the preparation of the evidence report and could result in some members of the community's needs not being considered.

2 - Open-ended question

This option entails asking how communities would want to be defined, allowing consultees to formulate a definition to be embedded within regulations. While this option may allow for increased autonomy for members of the Gypsy/Traveller community to construct a definition that relates authentically to them, it may not be legally purposeful. It would also require a longer timeframe to conclude an agreed definition across interests.

3 - Suggested definition

This option entails presenting a suggested definition to allow consultees to respond to. This provides direction for the consultation and the framework for a legally sound definition. In concluding on this option, we considered there to be benefit in involving a planner with professional experience of working with the community to consider relevant matters and propose a definition for consultation. Consultees have the option to voice views on any aspect of this definition.

Sectors and groups affected

Given the specific purpose of the definition we have previously indicated that a separate consultation would enable the targeted involvement of the community and an explanation of the specific matters associated with the requirement. We therefore consider there to be the two main groups affected, the Gypsy/Traveller community in Scotland and planning authorities.

However, we recognise there will be wider interest so we also intend to consult with Gypsy/Traveller community third sector bodies, other travelling communities as well as other public sector organisations.

Benefits

Option 1

There are no benefits associated with a 'do nothing' option.

Option 2

Asking an open-ended question would provide the Gypsy/Traveller community with greater autonomy to construct a definition.

Option 3

Proposing a definition enables views to be provided by the community and related interests as well as providing direction for the consultation within the framework for a legally sound definition.

Costs

Option 1

There are practical costs associated with a 'do nothing' option as it would leave a gap in regulations and provide little direction or guidance for planning authorities when preparing Evidence Reports. It may therefore provide opportunity to challenge the legal basis of plan preparation. Fundamentally, this option could result in some community interests not being considered and therefore not take account of.

Option 2

An open-ended question could result in a multitude of views, requiring negotiation over an extended period of time. It risks consultation fatigue and diminished input.

Option 3

Proposing a suggested definition on the sensitive matter of defining a community risks concerns that it will be applied to other situations. We have attempted to mitigate this through carrying out a separate and targeted consultation to enable clearer and more effective engagement. We have sought the input of a planner with professional experience of working with the community to inform the consultation and definition. We have also taken account of existing definitions in legislation and policy and considered the issues that have arisen with them.

Sectors and groups affected

Given the specific purpose of the definition we have previously indicated that a separate consultation would enable the targeted involvement of the community and an explanation of the specific matters associated with the requirement. We therefore consider there to be the two main groups affected, the Gypsy/Traveller community in Scotland and planning authorities.

However, we recognise there will be wider interest so we also intend to consult with Gypsy/Traveller community third sector bodies, other travelling communities as well as other public sector organisations.

Scottish Firms Impact Test

The proposed definition is not expected to have any overall impact on Scottish Firms. We propose to include a specific question on the impact on business within the consultation.

Competition Assessment

There are no obvious impacts on competition from the proposed definition of the Gypsy and Traveller community within planning regulations. We conclude that the proposed definition does not have any influence towards supplier number/range, ability to compete, incentive or choice/information.

Consumer Assessment

The Scottish Government definition of a consumer is "anyone who buys goods or digital content, or uses goods or services either in the private or public sector, now or in the future". Considering the Gypsy/Traveller community as consumers of the services that Local Authorities provide in terms of housing and planning, the impact of the definition would assist them in a development management context. The definition would make them more identifiable and thus their needs would be easier to recognise by planning authorities.

Test run of business forms

The formal definition of 'Gypsies and Travellers' within planning regulations will not introduce any statutory business forms.

Digital Impact Test

In the UK, Gypsy/Travellers experience significant digital exclusion with around 1 in 5 having never used the internet, and over half stating they do not feel confident using digital technology by themselves. Planning reform in Scotland seeks to improve digital access for all citizens. An inclusive definition of Gypsy/Travellers can potentially assist in providing access for this excluded community. Thus, this proposal is consistent with the increasing shift of economic, social and governmental interactions online.

Legal Aid Impact Test

These changes would not affect claims for legal aid.

Enforcement, sanctions and monitoring

LDPs are subject to review under the provisions set out in the amended Town and Country Planning (Scotland) Act 1997. According to Section 16(B)(8), an appointed person by the Scottish Ministers will assess whether the Evidence Report contains sufficient information to prepare an LDP. If insufficient, Local Authorities are required to revise the report and resubmit it to the Scottish Ministers.

Implementation and delivery plan

The definition of 'Gypsies and Travellers' will come into force along with overall regulations relating to the new Local Development Plan systems. A clear definition will support planning authorities to implement the new Local Development Plan system effectively.

Post implementation review

Evidence gathered during the consultation will help inform the full BRIA which will be completed when we finalise work on the LDP regulations and guidance.

Summary and recommendation

The requirement for a definition of the Gypsy/Traveller community has emerged from the Planning (Scotland) Act 2019. In carrying out a separate and targeted consultation we are able to focus engagement with the community and those with relevant interests, as well as explain the specific nature to which the definition would apply. We have sought the input of a planner with professional experience of working with the community to inform the consultation and definition. We have also taken account of existing definitions in legislation and policy, and considered the issues that have arisen with them, in order to consult on an inclusive and robust definition.

Declaration and publication

I have read the Business and Regulatory Impact Assessment and I am satisfied that (a) it represents a fair and reasonable view of the expected costs, benefits and impact of the policy, and (b) that the benefits justify the costs. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

Approved by: Fiona Simpson

Position: Chief Planner